^>. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


l!l  1.0 


2.5 
2.2 


I.I 


1^ 


■yuu 


2.0 

L25  IIIIU   11.6 


/: 


iW  /^ 


/v^"^- 

^<v 

■% 


-^ 


y 


Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STRUT 

WEBSTER, N.Y.  \4S80 

(716)  872-4503 


;:* 


^/% 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductlons  /  Institut  Canadian  de  microreproductions  historiques 


O^ 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibllographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  ma\  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 
D 
D 
D 

D 


Q 


Coloured  covers/ 
Couverture  de  couieur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul^e 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  g6ographiques  en  couieur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couieur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couieur 


Bound  with  other  material/ 
Relii  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  itait  possible,  ces  pages  n'ont 
pas  6tA  filmAes. 


L'Institut  a  microfilmd  le  meilleur  exemplaire 
qu'il  lui  a  iti  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normale  de  filmage 
sont  indiquAs  ci-dessous. 


□    Coloured  pages/ 
Pages  de  couieur 

0    Pages  damaged/ 
Pages  endommagdes 

I      I    Pages  restored  and/or  laminated/ 


Tl 
to 


V 


n 


Additional  comments:/ 
Commentaires  supplimentaires,- 


Paget  646-663  are  missing. 


Pages  restaurdes  et/ou  pellicul6es 

Pages  discoloured,  stained  or  foxed/ 
Pages  d6coior6es,  tacheties  ou  piqu6es 


□    Pages  detached/ 
Pages  d6tach6es 

r~7\    Showthrough/ 
uiLJ    Transparence 


Quality  of  print  varies/ 
Quality  in6gale  de  I'impression 


|~n    Includes  supplementary  material/ 


Comprend  du  matdriel  supplimentaire 

Only  edition  available/ 
Seule  Edition  disponible 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  peiure, 
etc.,  ont  6t6  film6es  A  nouveau  de  faqon  d 
obtenir  la  meilleure  image  possible. 


PC 
of 
fll 


Oi 
b« 
th 
si< 
ot 
fir 
si« 
or 


Tf 
sh 

:'i 

Ml 
dil 
•n 
b« 
rig 
rm 
mi 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiquA  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  hee  been  reproduced  thenks 
to  the  generosity  of: 

New  Brunswicic  IVIuseuin 
Saint  Jotin 


L'exemplaire  fiimi  fut  reproduit  grice  A  la 
g^nArositi  de: 

New  Brunswicic  Museum 
Saint  John 


The  images  appearing  here  ere  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  In  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  end  ending  on 
the  last  page  with  a  printed  or  Illustrated  Impres- 
sion, or  the  beck  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  laat  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^^  (meaning  "CON- 
TINUED"), or  the  symbol  ▼  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  aa  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  images  suivantes  ont  ttt  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  ia  condition  at 
de  la  netteti  de  I'exempiaire  film*,  et  en 
conformity  avec  les  conditions  du  contrst  de 
flimage. 

Les  exemplalres  originaux  dont  la  couverture  en 
pepier  eet  imprimie  sont  filmto  en  commen^ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d-lmpression  ou  d'illustration.  soit  par  le  second 
plat,  scion  le  cas.  Tous  les  autres  exemplalres 
originaux  sont  filmte  en  commenpant  par  la 
premlAre  pege  qui  comporte  une  empreinte 
d'Impreesion  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  dee  symboles  suivants  apparaftra  sur  la 
dernlAre  Imege  de  cheque  microfiiuhe.  selon  le 
cas:  le  symbols  -^  signifle  "A  SUIVRE".  le 
symbols  ▼  signifle  "FIN". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
filmte  A  dee  taux  de  rMuction  diff4rents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  cilch*.  11  eet  film*  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bes.  en  p.enant  le  nombre 
d'imeges  nAcessaire  Les  diagrammas  suivants 
illustrent  le  m^thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

iH7l 
ft  188 


V 


J^^f,    Itfr^^vv^J^ii^V 


^-r- 


ACTS  AND  RESOLVES, 


PASSED    BY    THE 


TWENTY-I'IRST  LEGISLATURE 


or   THE 


STATE   OF   MAINE, 


JANUARY    SESSION,   1841 


./ 


I 

i 


Piiblislied  by  the  Secretary  of  State,  agreeably  to  Kcsolves 
of  June  28,  1820,  and  February  26,  1840. 


AUGUSTA; 

SEVERANCE  AND  DORR,  PRINTERH  TO  THE  HTATR 


184  1. 


.  J.  ,'1.  A^.j'i^wAli',. 


y4 


■'*ii^^ 


013'The  Legislature  of  1841,  assembled  at  the  State  House  in 
Augusta,  on  Wednesday,  the  sixth  day  of  January,  and  adjourned 
on  Saturday,  the  seventeenth  day  of  April. 


NORTH-EASTERN  BOUNDARY. 

Resolved,  That  a  bill  providing  for  a  just  and  equal 
distribution  of  the  proceeds  of  the  public  lands  among 
the  several  States  commends  itself  to  our  consideration 
as  an  act  of  justice  due  alike  to  all;  and  ought  to  pass 
into  a  law. 

lleaolved,  That  the  Hon.  Reuel  Williams,  previous 
to  bis  election  to  the  Senate  of  the  United  States, 
having  declared  and  published,  that  it  is  the  duty  of 
the  elected  to  carry  into  effect  the  will  of  his  constit- 
uents, if  he  is  instructed  what  that  will  is,  or  resign 
bis  trust,  we,  therefore,  hereby  instruct  him  that  the 
foregoing  resolutions  express  the  will  of  his  constit- 
uents. 

Jlesohed,  That  our  Senators  and  l»epresentatives 
in  Congress  be  requested  to  vote  for  any  bill  or  pro- 
position now  before  Congress  calculated  to  carry  into 
effect  the  principles  contained  in  the  foregoing  resolu- 
tions ;  and  to  introduce  and  support  such  measures  as 
shall  accomplish  the  same  object,  if  not  now  before 
Congress. 

liesolved,  That  the  Governor  be  requested  to  trans- 
mit a  copy  of  the  foregoing  resolutions  to  each  of  our 
Senators  and  Representatives  in  Congress  from  this 
State. 


531 


STATE  OF  MAINE. 

Senate,  March  30,  1841. 

The  .Toint  Select  Committee  upon  tlie  state  of  the  nortli- 
easiern  boundary,  to  whom  were  referred  so  much  of  the 
Governor's  Address  as  relates  to  that  subject,  and  also  the 
messnge  from  llie  h.ie  Governor,  communicating  his  corres- 
pondence with  the  Lieutenant  Governor  of  New  Brunswick 
and  the  President  of  tiio  United  Stales,  together  with  certain 
resolutions  of  the  General  Assembly  of  the  Stale  of  Indiana, 
transmitted  by  the  late  Governor  to  the  Legislature,  at  the  late 
adjourned  session,  and  certain  resolutions  of  the  General  As- 
sembly of  the  State  rf  Alabama,  and  certain  resolutions  of  the 
Legislature  of  Maryland  just  transmitted  by  the  Governor  at 
the  present  session,  and  also  certain  resolves,  originating  in  the 


\\ 


582  NORTH-EASTERN  BOUNDARY. 

House  of  Representatives  and  in  the  Senate  respectively,  for 
repelling  foreign  invasion  and  providing  for  the  protection  of 
the  State,  and  certain  other  resolves  from  the  Senate,  respect- 
ing purposes  of  defence— have  had  the  same  under  considera- 
tion, and  now  ask  leave  to  submit  the  following 

REPOiiT  : 

When  Maine  assumed  her  place  in  the  Union,  and  became 
M  independent  State,  she  adopted  the  poler  star  as  her  ensign. 
This  well  known  point  adorned  her  crest ;  and  it  appropriately 
surmounted  her  shield.  It  signified  that  she  intended  to  be 
true  to  the  Constitution  and  the  country ;  and  that  she  deter- 
mined, more  than  all,  to  be  true  to  herself.  From  that  direc- 
tion she  has  not  consciously  departed.  To  that  determination 
she  will  always  be  faithful.  She  does  not  mean  to  swerve  from 
her  path.  She  has  frequently  had  occasion  to  express  her  re- 
solves;  and  circumstances  have  arisen  to  test  the  firmness  of 
her  principles  and  purposes.  She  is  now  called  upon  to  do  so 
again ;  and  she  is  obliged  to  meet  the  emergency. 

We  have  come  this  year  to  one  of  those  larger  cycles  of 
time,  at  which  the  State  is  called,  by  the  forms  of  the  Con- 
stitution, to  fulfil  some  of  its  most  vital  organic  functions ;  and 
among  them  returns  the  more  frequent  concern  of  attending  to 
the  grave  subject  cf  its  long  unsettled  boundary. 

The  line  which  divided  the  ancient  Commonwealth  of  Mas- 
sachusetts from  what  once  belonged  to  her  by  her  original 
charter,  east  of  the  St.  Croix,  was  one  drawn  due  north.  That 
river  had  been  considered  as  the  eastern  boundary,  ever  since 
the  peace  of  Ryswick  ;  and  this  line  would  have  gone,  as  it 
was  extended  upon  Mitchell's  map,  to  the  St.  Lawrence,  if  it 
had  not  been  for  the  terms  of  the  treaty  of  1783,  which  were 
the  same,  in  that  respect,  as  those  of  the  proclamation  of  17G3, 
Those  were  "  the  highlands  that  divide  the  rivers  that  empty 
"  themselves  into  the  St.  Lawrence  from  those  that  fall  into 
"  the  Atlantic  ocean,"  or  sea.  That  highland  descriptive  boun- 
dary was,  at  that  time,  perfectly  well  known  and  established, 
geographically,  historically,  and  politically.  Geography,  his- 
tory, the  public  records  of  the  Acts  of  the  Crown  and  Parlia- 
ment of  Great  Britain,  still  standing  among  her  chronicles,  all 
alike  attest  the  truth  and  verity  of  the  description  ;  which,  it 
may  be  observed,  subsequent,  and  even  recent,  explorations 
of  the  face  of  nature,  in  that  region,  with  the  perhaps  super- 
fluous aids  and  lights  of  modern  science,  have  only  served  to 
illustrate  and  confirm. 

The  cotemporaneous  Acts  of  the   British  Crown,  in  1763, 


/ 


-''^'eJ/,  for 
Election  of 
'  fespecf- 
■onsidera- 


became 
ensign, 

Priately 

i  to  be 
deter- 
direc- 

nation 

'ftotn 

er  re- 

■ss  of 

fo  so 

s  of 
•on. 
and 
to 

is- 
ai 
it 
e 


I. 


NORTH-EASTERN  BOUNDARY. 

establishing  the  governments  of  Quebec  and  Nova  Scotia, 
formed  that  abutment,  then  created  for  the  first  time,  called  the 
north-west  angle  of  Nova  Scotia,  which  was  adopted  and 
fixed  by  the  treaty  of  178'j,  as  the  first  bound  to  begin  at,  of 
the  United  States.  This  point  was  considered  so  clear,  in 
the  words  of  the  treaty,  as  to  jjrevent  all  dispute. 

The  bay  of  Chaleurs  and  the  river  Restigouche,  or  one  of 
its  branches,  (which  are  merely  sources  of  that  bay)  has 
always  been  regarded  as  the  practical  line  of  demarcation  and 
jurisdiction  between  the  two  contiguous  provinces  of  New 
Brunswick  and  Lower  Canada.  The  north-west  angle  of  Nova 
Scotia  had  not  been  definitely  ascertained.  Wherever  a  point 
of  highland  could  be  found,  upon  the  meridian  north  of  the  St. 
John,  properly  parting  waters  that  went  into  the  St.  Lawrence 
and  the  Atlantic,  there  might  be  ground  for  tracing  and  apply- 
ing that  term.  Some  doubt  was  expressed,  for  the  first  time, 
on  the  part  of  the  British  commissioners,  in  the  negotiations 
which  took  place  previous  to  the  treaty  of  Ghent,  whether 
that  small  portion  of  unsettled  country,  which  interrupted  the 
communication  between  Quebec  and  Halifax,  did  not  already 
belong  to  Great  Britain.  This  doubt  was  only  raised,  at  a 
late  moment,  for  the  purpose  apparently  of  soliciting  a  cession 
(for  which  an  equivalent  had  been  previously  tendered  and  de- 
clined) of  at  least  that  portion  of  unoccupied  territory. 

Long  before  this  time,  after  the  peace  of  1783,  there  had 
been  a  settlement  formed  upon  the  banks  of  the  river  Madawas- 
ka,  by  some  Acadian  fugitives,  who  had  been  expelled  from 
the  Province  of  Nova  Scotia,  and  again  routed  from  their  next 
place  of  refuge  in  New  Brunswick,  to  this  then  sequestered 
spot,  where  they  were  joined  by  a  few  French  Canadians — far, 
as  they  supposed,  from  further  trouble  and  molestation.  The 
point  respecting  the  source  of  the  St.  Croix  was  determined 
under  the  treaty  convention  of  1794,  which  finally  provided 
for  the  surrender  of  all  posts  held  after  the  peace.  Previous 
to  this  period,  before  that  point  was  determined,  the  Common- 
wealth of  Massachusetts  caused  the  survey  and  running  of  a 
line  of  a  large  tract  of  its  territory,  commencing  from  the 
Schoodic  lakes,  and  extending,  upon  the  magnetic  north  across 
the  St.  John,  above  its  junction  with  the  Madawaska.  This 
was  an  undertaking  of  great  arduousness,  and  was  attended  with 
extreme  suffering  to  the  party  employed,  who  came  near  per- 
ishing in  the  woods.  The  eastern  line  ran  about  150  miles, 
and  went  as  much  as  15  miles  over  upon  the  north  side  of  the 
St.  John.  The  surveying  party,  there  much  exhausted, 
turned  aside  to  the  first  highlands  they  found  towards  the  west, 


583 


584  NORTH-EASTERN  BOUNDARY. 

mistaking  the  tributary  streams  of  the  river  Madawaska  and  its 
lakes  for  rivers  cmpiyina;  into  the  St.  Lawrence.  Tlie  pro- 
ceeding was  begun  in  1792,  and  the  plan  on  whicii  this  survey 
is  exhibited,  by  I'aik  Ilulland,  was  cxec.itcd  as  early  as  1793 
or  1794.  Tiio  ricilil  of  cro,s-^iu.i;  iIk;  Si.  John  was  rcro;^.ni/,ed 
and  confirnied,  aficr  coniplciinj^  ilio  (-ouvcntion  of  1794, 
respcciine;  t!)c  St.  Croix,  by  ihcj  liiiiish  niinisUM-  rosidine;  in 
the  United  Slates,  to  whoso  advico  tin;  operation  of  it  was 
referred,  and  wlio  regarded  it  as  a  theme  of  congratulation,  lliat 
thereby,  in  consetpienee  of  the  arrangement  wiiith  he  recom- 
mended, the  line  would  cross  the  St.  John  above  the  Grand 
Falls,  where  it  would  be  less  prejudicial  in  any  respect,  and 
more  beneficial,  on  the  wliole,  to  the  interest  of  Great  Britain, 
nnd  the  integrity  of  her  dominions.  Previous  to  this  period 
the  Provincial  Government  of  New  Brunswick  had  undertaken, 
probably  without  being  aware  of  any  wrong,  to  make  grants  or 
confirmations  to  French  settlers  at  Madawaska.  But  it  was 
also  at  the  same  lime  necessarily  and  indeed  actually  acknowl- 
edged by  the  oflkial  authorities  of  New  Brunswick,  that  ths 
north-western  boundary  of  that  Province  extended  across  the 
St.  John,  and  was  claimed  to  the  southern  highland  boundary 
of  Quebec. 

Massachusetts,  it  is  well  known,  continued  after  this  period, 
in  the  undoubted  exercise  of  her  eminent  domain,  to  extend 
her  grants  and  surveys  into  this  region,  on  both  sides  of  the 
Aroostook,  and  thus  into  the  proper  valley  of  the  St.  John. 
This  went  on  until  the  work  of  settlement  and  improvement, 
impeded  in  some  measure  by  disadvamages  of  distance,  and 
want  of  convenient  approach  and  communication,  was  inter- 
rupted and  suspended,  by  the  breaking  out  of  the  war  in  1812. 
The  delay  to  have  the  true  line  drawn  between  the  two  gov- 
ernments of  the  United  States  and  Great  Britain  was  one  cause 
among  those  which  operated  materially  to  retard  the  growth  of 
Maine,  and  the  prosperity  of  Massachusetts,  in  that  direction. 
Conventional  agreeinents,  for  this  purpose,  were  negotiated 
between  the  two  national  governments,  by  their  public  diplo- 
matic agents,  one  in  1803,  and  the  other  in  ISOfi.  The  first 
was  rejected  by  the  Senate,  and  the  other  by  the  President,  on 
account  of  matters  with  which  they  were  connected,  having 
nothing  to  do  with  this  subject. 

From  this  period,  and  from  this  ind.  finite  state  of  things 
upon  that  border,  may  be  dated,  with  propriety,  that  usurpation 
which  the  British  Provincial  authorities  began,  progressively, 
to  exercise  in  that  quarter,  rendered  more  easy  and  accessible 
to  them  by  the  avenue  of  the  St.  John,  over  the  peaceful  and 


NORTH-EASTERN  BOUNDARY. 


585 


unresisting  population  of  Madawaska.  For  these  purpos«:3  tho 
point  was  more  approachable  by  the  authorities  upon  the  side 
of  New  Brunswick,  aUhougii  the  absurdity  of  such  a  preten- 
sion was  ajjparenl,  even  as  between  that  Province  and  Jjower 
Caiuda  ;  and  was  manifested  by  a  map  of  the  territory  published 
by  authority  of  Parliament  in  IH27,  as  well  as  by  other  stdjse- 
qiieiit  Uritish  maps.  The  privilege  which  was  enjoyed,  of  a 
more  direct  connnuiiicaiion  than  they  were  entitled  to,  by  this 
route,  acrn^js  the  corner  of  our  territory,  was  one  never  denied, 
or  even  objected  to,  and  drawn  into  controversy,  until  it  was 
first  challenged  as  a  sort  of  acquired  right,  and  arrogated  as  an 
absolute  pretension.  Its  germ  first  developed  itself  in  the 
ambiguous  and  circuitous  forms  of  expression,  by  which  tho 
British  negotiators  went  about  to  accomplish  some  point  of  this 
kind  at  Client. 

Maine  entered  the  Union  in  1819,  without  any  apprehension, 
or  even  suspicion,  that   her   material   rights,  as  an  independent 
State,  entitled  to  certain    limits,  and  that  her  title  especially  to 
a  large  part  of  her   territory,  derived  from  the  treaty  of  Inde- 
pendence, if  of  no  prior  origin,  and  as  released  and  confirmed 
to   iier,  u|)on   her  separation,   by   Massachusetts,  were  called 
into  question,  or  were  capable  of  being  drawn  into  controversy. 
The  first  census  of  the    United    Stales   taken  after  our  admis- 
sion into  the  Union,  in  1820,  embraced  the  settlement  of  Mad- 
awaska ;  and  one  of  the  first  Acts  passed  by  the  Legislature  of 
this   State,  in   the   same  year,  was  a  resolve  earnestly  calling 
the  attention  of  the  National  (Jovcrnmenl  to  this   subject,  not 
then  brought  to  a  close,  as  it  was   understood,  by  any  definite 
proceeding  of  the  commission  established  under  the  provision 
of  the   treaty  of  Ghent.     It  was  sometime  afterwards  discov- 
ered  that,  by  some  singular  oversight,   or  obliquity,  or,  if  it 
may  more   properly  be   so   deemed,   mistake,  on   the   part  of 
those  who  were  employed   in   this  business   on  behalf  of  the 
United    States,  some   change  or  transmutation  of  the  subject 
was  permitted  to  take  place,  and  thenceforward  fatally  perplex 
ail  future  proceedings   under   that  commission.     The  agents, 
on  both  sides,  were  unquestionably  mo'-t   respectable  and  ac- 
complished persons,  who  devoted  themselves  vviih  eminent  zeal 
to  the  interests  of  their  respective  Governments,  as  those  inter- 
ests   presented    themselves  to   their   minds.      But   it   may  be 
deemed  to  have   been   among   the    misfortunes  attending   the 
devious    course    of   proceeding    adopted    since    the    treaty  of 
Ghent,  that  the  agents  on   the   part  of  the  respective  govern- 
ments were  composed  on  one  side   entirely,  of  natives  of  this 
country  who  had  adhered  to  the  cause  of  Great  Britain  at  lb9 
38 


586 


NORTH-EASTERN  BOUNDARY. 


revolution,  and  that  no  citizen  of  the  section  principnlljr  con- 
concerned,  namely,  of  Massachusetts,  was  employed  hy  tho 
United  States.  The  consequence  of  this  inadvertence  wo», 
that  the  agents  of  Ore  t  Britain  were  permitted  to  stop  niid 
assume  a  positional  Mars  Hill,  a  solitary  and  isolated  prnjeclion, 
rising  to  a  height  uncalled  for  by  the  treaty,  unarcoinpiuiied  by 
any  of  the  circumstances  of  the  descri|)lion,  and  dcstiliil»»  of  u 
single  feature  of  it — even  to  that  solitary  pre-eminrnco  which 
is  so  entirely  unlike  a  general  highland  conformation,  Willioitt 
enquiring  how  this  happened,  or  undertaking  to  say  what  ihu 
American  agents  ought  to  have  done  under  thuse  circumsfuifOH, 
and  whether  they  ought  not  to  have  refused  to  proceed,  and  to 
have  protested  at  once  against  the  total  departure  from  llm  rule 
of  proceeding  required  by  the  treaty,  it  is  not  too  nnich  to 
say,  that  all  further  labor  afn-r  this  was  worse  than  lost,  mid 
thrown  away.  The  whole  of  this  ])roceeding  was,  thoncefor' 
ward,  conducted  and  carried  on  to  its  unfortunate  ti'miiualioij, 
without  2ny  privity  or  knowleilge  on  the  part  of  J^Ias^iaf'llUl4elll| 
or  any  of  her  authorities  ;  and  by  a  sequel,  which  was   hiirdly, 

{>erhaps,  contemplated  as  a  consequence  of  this  solecism,  (nl« 
owing  the  stoppage  at  Mars  Hill)  an  enormous  and  hiiddon 
expansion  afterwards  took  place  of  what  assumed  the  apncious 
form,  and  obiained  the  factitious  denomination,  of  the  Jiritinh 
claim  to  about  one  third  of  the  territory  of  Maine — a  tract 
which  thereby  acquired  the  designation,  too  easily  allowed  to 
pass  into  use,  of  disputed  territory  ;  and  it  is  needless  to  Any 
that  this  circumstance  has  since  proved  to  be  pregnant  with  the 
utmost  mischief  to  the  Slate,  and  to  have  been  the  prolilicj 
source  of  almost  every  variety  of  evil  to  its  peace  and  proj- 
perity.  It  turns  out,  by  the  recent  brilliant  scientific  explora- 
tion of  Major  Graham,  as  was  insisted  at  the  time  when  iho 
pretence  was  brought  to  light,  that  the  true  line  from  tho  Mon- 
ument does  not  even  touch  Mars  Hill,  l)ut  loaves  it  (piiiii  to 
the  west,  upon  our  side,  and  within  the  limits  of  Muiiio. 
This  false  and  preposterous  position,  indeed,  has  boon  rectMuly 
treated  by  respectable  British  writers,  who  are  still  not  willinii; 
to  yield  to  the  wiiole  force  of  the  A;nerican  claim  of  right  in 
all  its  extent,  in  publications  of  ability,  as  entirely  unli'tiiibh 
and  destitute  of  pretext.  Mars  Hill  remains,  and  will  Miami 
for  ages,  a  monument  of  the  gigantic  and  monstrous  ubsurdily 
of  this  audacious  assumption. 

It  is,  no  doubt,  to  be  regretted  that  the  Government  of  the 
United  States  should  have  found  this  subject  in  such  a  slulp, 
from  the  result  of  the  commission  under  the  5th  article  of  ilio 
treaty  of  Ghent,  as  to  be  obliged  apparently  to  recoguizo  und 


NORTH-EASTERN  BOUNDARY. 


587 


i 


ilio 


10  give  color  to  this  extravagant  claim,  by  the  perhaps  unavoid- 
able form  of  the  convention  negotiated  at  London,  in  1827, 
for  referring  the  question  to  nn  umpire. 

It  was  at  this  moment,  we  may  remark,  that  Maine  suddenly 
saw  the  sword  suspended,  as  it  were,  over  her  head  ;  or  per* 
liaps  we  should  more  fiily  say,  when  she  beheld  the  scales 
about  to  be  put  into  the  hands  of  an  arbiter,  whose  acknowledged 
bias  would  be,  the  same  whether  king  or  farmer,  to  split  the 
difi'ercnce.  Another  circumstance,  not  calculated  to  allay  this 
concern,  was  the  discovery  of  an  accidental  misapprehension, 
into  which  one  of  the  most  prominent  negotiators  of  the  treaty 
of  Ghent  had  been  led,  in  a  private  letter  afterwards  published, 
written  immediately  after  the  signature  of  the  treaty  of  Ghent, 
which  was  to  the  effect  that  Massachusetts  had  not  the  shadow 
of  claim  to  any  territory  north  of  45'',  eastward  of  Penobscot 
river.  It  cannot  be  necessary  to  say  that  this  momentary  error 
has  since  been  most  satisfactorily  explained  and  rectified.  It 
may  not  be  wonderful,  however,  that  Maine,  at  this  moment, 
surprised  by  this  sudden  developement,  of  which  she  had  beea 
alarmed  by  rumors,  destitute  of  the  documentary  evidence  that 
had  been  made  use  of  in  relation  to  her  title,  and  ignorant  of 
the  grounds  upon  which  it  had  been  impeached,  or  of  the  ex- 
tent to  which  it  might  have  been  conipromitted,  without  having 
been  consulted,  neither  herself  nor  Massachusetts,  in  a  single 
step  or  stage  of  this  course  of  proceeding,  in  which  her  rights 
were  so  seriously  involved, — it  can  hardly,  therefore,  we  say, 
be  wondered  that  Maine  was  induced  to  exclaim,  through  her 
executive  organ,  that  she  had  not  been  treated  as  she  had  en- 
deavored to  deserve. 

The  assertion  and  announcement  of  this  new  and  strange 
pretension  was  accompanied,  as  will  be  well  remembered,  also, 
oy  a  sort  of  simultaneous  charge  from  the  Provincial  powers 
of  New  Brunswick,  along  the  whole  line  of  the  hitherto  undis- 
turbed American  possession  and  population.  The  boundary, 
supposed  to  have  been  sufficiently  established  from  the  St. 
Croix  as  far  as  the  St.  John,  was  now  broke  into.  This  as- 
sault was  made  upon  all  persons,  without  discrimination,  who 
might  have  thought  themselves  protected  by  the  authority  of 
Maine,  or  by  the  power  of  the  United  States,  within  the  pre- 
cincts of  what  now  for  the  first  time  was  practically  marked 
out  as  disputed  territory.  Process  of  ejectment  was  served 
about  the  same  time,  in  the  fall  of  1827,  upon  all  the  settlers 
on  the  Aroostook  and  the  upper  parts  of  the  valley  of  the  St. 
John,  as  intruders  upon  Crown  lands ;  and  much  complaint 
was  majte  at  the  time,  not  without  foundation,  of  the  terrox 


588  NORTH-EASTERN  BOUNDARy. 

and  severity  with  which  this  sudden  exercise  of  foreign  author- 
ity was  employed.  At  this  period,  too,  an  American  citizen, 
who  had  acquired  the  possRssion  of  an  original  American  set- 
tler, seated  upon  a  grant  under  the  authority  of  the  two  States 
of  Massachusetts  and  Maine,  at  the  confluence  of  the  small 
stream  before  mentioned  with  the  St.  John,  having  the  protec- 
tion of  the  Governor  of  Maine  in  his  pocket,  was  seized  by 
tl''^  sheriff  of  the  adjacent  county  in  New  Brunswick,  and  con- 
veyed, as  a  prisoner,  to  Frcdericton. 

It  is  due  to  observe,  that  upon  inquiry  into  the  facts,  by  the 
Government  of  the  United  States,  as  well  as  by  that  of  this 
State,  the  liberation  of  this  person  was  required,  and  an  indem- 
nity was  demanded  in  a  tone  and  spirit  worthy  of  the  occasion  ; 
and  which  afterwards  served  as  a  precedent  on  a  similar  one. 
But  it  was  unavailing ;  nor  did  the  interference  operate  any 
alleviation  to  the  condition  of  the  unfortunate  prisoner,  nor  as 
an  abatement  to  the  rigor  of  Provincial  authority.  Notwith- 
standing this  reclamation,  and  in  defiance  of  this  demand  by  the 
Government  of  the  United  States,  the  proceedings  went  on, 
and  the  individual  was  triid,  convicted,  sentenced,  and  punished 
for  his  alleged  offences  against  the  Crown  and  Government  of 
Great  Britain.  Baker  underwent  his  sentence,  and  returned 
to  become  again  the  subject  of  similar  outrage  and  persecution. 
The  record  of  his  trial  and  conviction  was  put  into  the  case, 
and  became  a  part  of  the  evidence  furnished  against  the  United 
States,  in  the  submission  to  the  King  of  the  Netherlands. 

After  this  monarch  had  in  fact  ceased  to  be  that  independent 
sovereign  to  whom  the  question  was  referred,  and  was  obliged 
to  rely  upon  the  support  of  tiiosc  powers,  among  them  Great 
Britian,  which  had  raised  him  to  a  kingdom  now  reduced  to 
one  half,  and  when,  under  these  circumstances,  in  the  room  of 
undertaking  to  split  the  difference,  he  concluded  to  advise  soino 
agreement  to  that  effect,  and  when  that  advice  was  declined  to 
be  accepted  by  the  Government  of  the  United  States,  then 
followed  a  period  of  some  duration,  over  which  we  shall  be 
willing  to  draw  the  mantle  of  oblivion.  It  was  a  period  of  ob- 
scuration arid  eclipse  to  the  condition  of  this  (piestion,  which 
may  be  denominated  the  dark  day  of  its  diplomatic  management. 
For  some  considerable  season  the  negoiiutions  and  transactions 
between  the  two  governmenis  were  shrouded  in  impenetrable 
mystery  ;  and  the  shade  was  in  some  degree  cist  over  the  pro- 
ceedings of  our  own.  A  plan  was  on  foot,  in  the  first  place, 
for  adopting  the  proposal  of  the  arbiter,  and  making  it  the  basis 
of  a  further  compromise.  This  jiroject  was  defeated  by  the 
refusal  of  Maine  to  enter  into  it  blindfold.     Then  followed  the 


NORTH-EASTERN  BOUNDARY. 


589 


singular  suggestion  of  turning  aside  from  the  due  north  direc- 
tion and  sweeping  the  course  towards  the  west,  for  some  indefi- 
nite and  uncertain  object,  that  would  best  answer  the  descrip- 
tion, until  it  was  made  almost  a  matter  of  indifference  whether 
the  highlands  in  question,  if  any  such  existed,  should  be  sought 
to  the  north  or  the  south  of  the  St.  .John  ;  and  it  was  finally 
proposed,  under  color  of  seeking  for  highlands,  to  which  both 
parties  were  agreed — that  is  to  say,  the  only  highlands  upon 
which  they  could  agree,  to  strike  a  line  from  the  St.  Croix  to 
the  western  elevated  region  which  divides  the  waters  of  the 
St.  John,  Penobscot,  and  Chaudiere. 

During  this  season  of  darkness  and  diplomacy  the  rights  and 
interests  of  this  State  were  peculiarly  compromised.  The 
Government  of  Maine  was  called  upon  to  disavow  acts  of  its 
citizens  performed  under  its  authority.  Citizens  of  the  State, 
within  its  limits,  for  conformity  to  its  laws,  were  again  seized 
and  imprisoned  in  New  Brunswick ;  and  their  liberation  was 
requested  of  the  Lieutenant  Governor  as  a  matter  of  grace  and 
lavor.  Our  civil  securities,  designed  by  tl  e  1  legislature  for  the 
temporary  protection  of  the  frontier,  were  dismantled,  and  left 
to  desolation.  Information  was  refused,  and  the  inquiry  into 
the  state  of  the  question  stifled ;  and,  to  crown  the  apparent 
abandonment  of  our  cause  for  a  season,  the  care  of  the  disputed 
territory  was  resigned  to  the  charge  of  a  Provincial  Warden. 

The  constant  cry  to  us  during  this  period,  was  peace,  when 
there  was  no  peace.  It  is  not  too  much  to  say  that  the  powers 
of  the  Federal  Government  were  then  in  abeyance  to  us;  or 
only  exerted  to  repress  our  vigor,  and  restrain  our  energies  ; 
and  its  influence  was  only  exercised  to  depress  and  subdue  the 
a|)irit  and  patriotism  of  the  Stale,  and  to  silence  observation 
and  complaint.  This  statement  is  not  drawn  forth  without 
repugnance ;  but  it  is  due  to  the  demands  of  truth,  and  no  less 
to  those  of  justice  to  the  better  counsels,  by  which  those  per- 
nicious and  flagrant  errors  were  afterwards,  in  a  great  measure, 
corrected  and  repaired.  Suffice  it  to  add,  that  under  the  influ- 
ence of  those  counsels  which  prevailed  in  the  cabinets  of  Great 
Britain  and  the  United  States,  during  that  season,  the  subject 
slumbered,  so  far  as  the  public  were  concerned,  for  several 
years.  An  unavailing  attemj)t  to  break  the  spell  was  made  in 
1834,  in  the  National  House  of  Representatives.  A  call 
al'tervvards  made  in  the  Senate,  was  morfe  successful.  This 
was  on  motion  of  Mr.  Webster,  seconded  by  Mr.  Clay,  in 
183G.  The  sensation  produced  by  the  unexpected  disclo- 
sures of  the  state  of  negotiation,  then  laid  open  to  the  light, 
served  to  re-animate  and  arouse  the  dormant  state  of  public 


590  NORTH-EASTERN  BOUNDARY. 

feeling  and  attention  to  the  subject.  Presently  after  the  devel- 
opment, just  mentioned,  and  after  a  variety  of  previous  finessing 
and  manoeuvreing  to  compass  tliis  object,  tbe  direct  overture 
was  at  last  made  by  Great  Britain,  through  her  charge  d'af- 
faires in  this  country,  to  finisii  the  business,  and  to  actually 
split  the  dilfercncc,  without  more  formality,  by  a  division  of 
the  disputed  territory  between  the  parlies  upon  equal  terms. 
After  much  fruitless  discussion  for  n  year  or  two  longer,  entire- 
ly irrelevant  to  the  issue,  but  in  which,  however,  the  necessity 
or  fitness  of  recurring  to  the  State  of  Maine  for  her  assent, 
and  for  making  her  a  party,  to  any  project  for  her  own  mutila- 
tion or  distnemberment  was  recognized,  the  negotiation  arrived 
at  a  point,  in  which,  to  cut  the  matter  short,  recourse  was 
required  to  the  expedient  of  consulting  and  ascertaining  the 
sense  of  the  State  of  Maine  ;  that  is  to  say,  whether  it  would 
give  its  consent  to  a  conventional  line  of  boundary. 

This  leads  to  the  view  of  the  Resolves  of  the  Legislature  on 
this  subject,  at  the  session  of  1S38,  upon  the  communication 
of  the  correspondence  upon  this  subject,  between  the  Gover- 
nor and  the  Secretary  of  Slate  of  the  United  States ;  to  which 
in  the  progress  of  these  remarks,  tbe  committee  look  forward. 
As  this  forms  an  important  epoch  in  the  annals  of  the  question, 
before  entering  upon  that  further  field  of  observation,  it  may 
not  be  out  of  place  for  the  committee  to  recur,  for  a  moment, 
to  another  topic  which  may  be  fit  for  refiection. 

The  committee  are  well  aware,  that  there  were  respectable 
opinions  entertained  in  favor  of  accepting  the  advice,  or  award, 
such  as  it  was,  of  the  King  of  the  Netherlands  ;  and  that  there 
are  still  those,  who  continue  to  avow  their  regret  that  it  was  not 
done.  It  is  remarkable,  and  at  the  same  lime  gratifying  to 
observe,  that  as  this  has  arisen,  and  the  more  food  has  since 
been  furnished  for  reflection,  in  the  same  proportion  has  the 
truth  been  gaining  ground,  of  the  right  of  Maine  ;  and  there 
has  been  a  progressive  strength  of  opinion  in  support  of  the 
justice  and  rightfulness  of  her  cause  ;  until  the  conviction  has 
become  so  firmly  established  in  the  public  mind,  as  to  leave  no 
alternative,  but  to  adopt  its  defence.  To  this  conviction  wo 
might  appeal  for  an  apology,  if  one  was  necessary.  But  it  is 
not  for  iSIaine  to  otier  any  for  the  course  that  was  taken. 
That  decision  was  made  by  the  Senate  of  the  United  Stales ; 
and  that  body  for  itself  rejected,  and  refused  to  advise  the 
President  to  accept  the  result  of  the  submission.  And  sup- 
posing this  course  was  in  consonance  with  the  sentiment  of 
Maine,  either  as  anticipated,  or  expressed  through  her  pro|)er 
organs,  was  she  to  bo  the  last  to  feel  the  force  of  the  injustice 


wT 


NORTH-EAST      'N  BOUNDARY. 


591 


\ 


that  would  have  been  done  h ,  i-,  or  to  protest  against  the  viola- 
tion of  her  sacred  rights?     A  low  idea  may  have  prevailed,  it  is 
true,  of  the  comparative  value  of  the  land  in  dispute,  and  a  grave 
one,  undoubtedly,  entertained,  of  the  consequences  that  might 
be  involved  in  the  refusal  to  resign  it.     But  how   is  that  value 
to  be  measured  ;  and  of  what  is  a  community  to  take  counsel 
on  a  question  of  this  kind?     Its  conscience  of  right,  or  il«  con- 
cern for  the  event?     There  is  an   importance  in  principles,  as 
well  as   in   consequences,    not  to   be  overlooked,   and   which 
ought  not  to  be  oiuweighed  by  ordinary,  or  excessive  scruples. 
It  is  sufficient  justification  for  us  that  the  demand  against  us  was 
totally  unfounded  ;  that  the  domain  in  dispute  was  entirely  ours. 
The  success  of  the  adverse   scheme  would  have   been  that  of 
stratagem  and  circumvention  ;  and  it  was  not  for  Maine  to  have 
been  foremost  to  contribute  to  its  consummation.     Leaving  the 
due  responsibility  of  that  decision  wherever  it  rests,   the  pru- 
dence of  the  determination  of  Maine,  it  may  be  observed,  was 
a  question,    so  far  as   she  alone   was  concerned,   for  herself. 
The  control  was  in  the  superior  wisdom  and  discretion  of  the 
Union  ;    whose  councils   can   best  appreciate   the    utility,    or 
inij)ortance,  of  the  retrospection. 

We  will  not  pause  to  say  that  the  sacrifice  required  was  un- 
compensated to  Maine  by  any  equivalent,    in  frontier  or  other- 
wise, such  as  was,  in  fact,   oliered  at  (ihent;  or  in   any  other 
respect,  except  by  relinquishing  to  the  IJniipd  Slates  the  useless 
fortifications  at  Rowse's  Point.      Some  comp'  nsation  of  another 
kind,  ill  another  quarter,  it  is  true,  was  afterwards  suggested  to 
Maine,  concerning  which,  we  believe,  there  never  has  beeii  but 
one  opinion.      Maine,   we  are  sure,   would  never  consent  to 
barter  her  birth-right  for  any  mere  sordid   consideration.     As 
a  question  of  right,   moreover,   we  may  be  sensible  that  the 
subject  had  not  the  same  interest  to  others,  at  that  time,  that  it 
had  to  ourselves  ;  nor  had  it  been  considered  by  Congress  and 
the  country  in  the  light  it  has  since  been.     The  right  we  were 
solicited  to    surrender  was,  indeed,  scarcely  acknowledged   to 
be  ours.     Le'Ss,  as  has  been  remarked,  was  ihougiit  then  of  the 
triitli  and  justice  of  our  cause,  and  of  the  injustice  and  indig- 
nity we  had  endured,  the  sense  of  which  lias  since  been  spread, 
and  the  report   thereof  rung  throughout   the  land.     Whatever 
regret  may  still  remain,  that  Maine  had  not  submitted  in  siK'nco, 
and  without  even  that  sympathy  which  might  have  soothed  sub- 
mission, there  certainly  has  been  loss  surprise  at  her  course  of 
conduct,  since   the   character   of  her   case   and   the  history  of 
her  wrongs   hav(?  come  to  be  more  perfectly  understood  ;  ex- 
cept, that  is  to  say,  at  the  extent  of  her  patience  and  forbear- 


.» 


.S^^^-W;^:,  ^f^irifTlfl^:-!  -Aminv^amm 


592  north-eastern  boundary. 

Bnce  under  the  most  aggravating  and  humiliating  circumstances. 
No  reflection  has  long  been  cast  upon  her  fidelity,  either  to 
herself  or  to  the  Union  ;  and  every  other  unavailing  expression 
of  a  doubtful  kind  has,  we  had  trusted,  long  since  died  away. 

It  may  here  be  added,  that  it  yet  remains  to  be  seen  whether 
the  course  pursued  by  Maine  upon  that,  as  well  as  on  every 
occasion,  will  not  prove  at  ouce  more  true  to  herself  and  to 
the  Union,  than  has  thus  far  been  viewed  as  being  perfectly 
ascertained,  or  she  has  had  entire  credit  for. 

The  committee  would  here  be  permitted  to  observe  that 
they  have  not  thought  it  important,  at  this  time,  to  go  into  any 
long  and  labored  argument,  or  vindication,  of  the  right  of  Maine 
to  what  is  termed  the  territory  in  dispute.  They  iiope  they 
owe  no  apology  for  any  such  omission.  The  day  for  that  has 
gone  by.  In  their  opinion,  it  has  been  argued  quite  too  much 
and  too  long  already.  The  matter,  which  was  nnver  doubtful 
to  any  unbiassed  mind,  demands  no  further  exposition  or  eluci- 
dation in  the  view  of  the  country  ;  and  by  the  (Tovernment  and 
people  of  Great  Britain  our  voice  is  unheard,  or  unheeded. 
The  subject  has  already  been  discussed,  with  sufficient  clear- 
ness and  cogency,  in  former  reports  of  the  committee  to  the 
Legislature,  and  in  a  variety  of  familiar  public  docimients  that 
have  been  widely  circulated  ;  and  a  continuance  of  it,  it  is 
conceived,  would  take  up  all  the  time  and  room  that  can  con- 
veniently be  assigned  for  the  presfnt  report,  without  any  other- 
wise useful  and  important  purpose. 

It  is  possible,  however,  that  some  apology  might  be  due  to 
the  state  of  public  intelligence  or  expectation,  whether  for 
omitting,  or  for  t<iking  notice  of,  the  result  of  the  recent  ex- 
ploration and  survey  of  the  British  conmiissioners,  and  their 
Ke|)ort,  published  and  communicated  by  the  authority  of  that 
Government.  The  committee  can  only  say,  that  they  should 
pass  it  by  in  silence,  except  from  the  general  surprise  and 
attention  which  it  has  excited  ;  and  that  they  should  otherwise 
leave  it  to  the  lot  to  which  it  had  belter  be  consigned.  They 
are  only  restrained  from  speaking  of  it  further  atcording  to  its 
merits,  by  the  respect  that  is  due  to  the  channel  through  which 
it  comes,  rather  than  to  the  source  from  which  it  proceeds ; 
from  speaking,  they  mean  to  say,  as  it  deserves,  of  what  might 
otherwise  be  termed  its  impudence,  its  audacity,  and  its  men- 
dacity ;  of  its  sophistries  and  evasions  ;  of  its  assumptions,  as 
well  as  its  suppressions ;  of  its  prolligate  perversions,  and  its 
presumptuous  and  extravagant  pretensions.  It  sets  at  naught 
and  seeks  to  get  rid,  in  the  first  place,  of  the  settlement  of  the 
source  of  the  St.  Croix  under  the  treaty  of  1794,  no  less 


i 


NORTH-EASTERN  BOUNDARY. 

than  it  does  the  description  of  the  highlands  in  the  tioaty  of 
1783  ;  and  it  proclaims  a  discovery  for  the  final  solution  of  the 
whole  question,  by  the  transposition  of  a  point  in  the  original 
Latin  grant  of  Nova  Scotia  to  Sir  William  Alexander.  Its 
falsities,  moreover,  are  obvious  and  palpable.  In  the  room  of 
the  dividing  highlands,  described  in  the  treaty  of  1783,  it  sub- 
stitutes a  certain  new-fangled  phrase,  or  idea,  of  the  maximum 
axis  of  elevation,  which  it  pursues  and  carries  through,  over 
hill  and  vale,  along  and  across  various  streams,  and  crossing 
severfil  times  the  same  stream,  viz.  the  Aroostook,  until  it 
reaches  some  undiscovered  bourne,  thence  to  be  termed  the 
north-west  angle  of  Nova  Scotia.  Tliis  newly  invented  prin- 
ciple, or  rather  name  (the  axis  being  mere  matter  of  imagina- 
tion) is  understood  to  mean  the  greatest  prevailing  character 
of  elevation,  in  the  configuration  of  the  country,  upon  some 
broad  general  parallel  between  the  river  St.  Lawrence  and 
the  main  Atlantic,  extending  from  the  head  of  Connecticut 
river,  where  if  is  made  to  begin,  and  merging  in  the  lower 
valley  of  the  St.  John,  where  it  loses  itself;  or  if  it  ever 
rises  again  on  the  east  bank,  it  is  to  approach  the  south, 
and  not  touch  the  north,  side  of  the  bay  of  Chaleurs.  This 
scheme  undertakes  to  show,  upon  the  base  of  some  modern 
geological  theory,  what  were  the  true  original  highland  forma- 
tions intended  by  the  proclamation  of  17G3  and  the  treaty  of 
1783,  in  the  entire  absence,  at  that  time,  it  may  be  observed, 
of  all  such  notions,  and  indeed  of  all  those  lights  that  have 
since  been  shed,  by  subsequent  researches,  upon  the  principles 
of  a  science  then  either  unknown  or  not  deemed  of  any  prac- 
tical importance.  Indeed,  it  has  been  obliged  to  resort  to  the 
most  fanciful  and  imaginary  theory  to  account  for  the  absence 
of  facts  in  the  fpce  of  the  country,  to  sustain  its  pure  and  un- 
supported hypothesis. 

it  is  needless  to  mention  that  its  strength  is  employed  and 
consumed  upon  entirely  irrelevant  and  subordinate,  if  not  trivial, 
topics,  not  touching  at  all  the  main  criterion  of  the  treaty 
highlands,  as  ranging  along  the  heads  of  rivers  emptying  into 
(he  St.  Lawrence.  Jt  gives  up  the  only  ground  on  which  the 
British  argument  laid  hoforo  the  arbiter  could  possibly  stand, 
to  wit,  that  the  higlilands  in  llie  treaty  of  1783  were  not  the 
same  as  tliose  described  in  the  proclamation  of  17G3  ;  and  it 
trnmplos  down  equally  the  jiositions  assumed  in  the  statements 
and  supported  by  the  evidence  before  the  umpire,  and  almost 
every  pretext  upon  which  he  could  base  his  conclusion.  Per- 
haps its  most  remarkable  t-lciglit  is  that,  by  which  it  achieves  a 
direct  line  between  the  sources  of  the  St.  Croix  and  theChau- 
31) 


593 


594 


NORTH-EASTERN  BOUNDARY. 


II 


n 


i  I 


diere,  by  changing  the  due  north  direction  to  one  nenrly  west ; 
and  it  betrays  a  singular  and  striking  coincidence  with  the  diplo- 
matic scheme  before  mentioned  for  searching  from  the  St.  Croix 
for  highlands  in  which  both  parties  should  agree  ! 

The  task  of  entirely  exposing  the  disingenuousness  and  total 
unworthiness  of  the  character  of  this  report,  in  regard  to  all 
those  points  in  which  it  ought  chiefly  to  recommend  itself  to 
public  confidence  anywhere — one  which  your  committee  have 
been  loth  and  reluctant  to  undertake — has  not,  however,  been 
neglected  by  other  and  abler  hands,  by  wliich  it  has  been 
thoroughly  performed,  and  in  which  they  are  quite  willing  to 
leave  it.  Besides  the  various  publications  of  distinguished  in- 
dividuals upon  this  subject,  the  committee  would  allude,  with 
pleasure  and  satisfaction,  to  the  recent  report  in  regard  to  it  to 
the  Legislature  of  Massachusetts — one  uniting  together  names 
the  most  respectable  and  venerable  also  to  Maine. 

The  committee  feel  it  to  be  desirable,  before  dismissing 
these  observations,  to  divest  them,  as  far  as  possible,  of  all 
undue  application  ;  and,  most  of  all,  where  they  would  be  the 
least  applicable.  They  feel  a  difficulty,  however,  in  forbear- 
ing to  remark,  and  to  express  their  regret,  in  respect  to  the 
unfortunate  commentary,  which  is  presented  by  the  character  of 
this  commission  and  report,  upon  the  highly  liberal  policy 
which  has  always  prevailed  in  the  United  States,  in  regard  to 
cherishing  the  merit  of  foreigners.  And  it  is  no  less  due  to 
say,  that  the  faithfulness,  with  which  that  favor  has  been  re- 
warded, in  one  instance,  is  only  set  off  in  a  stronger  light,  and 
more  conspicuous  relief,  by  the  perfidious  requital  which  has 
been  made  for  undeserved  patronage,  and  the  illustration 
aflbrded,  in  an  opposite  and  striking  point  of  view,  of  mere 
mercenary  service. 

The  committee  are  further  desirous  to  distinguish,  and  to 
mark  the  difl^erence  in  their  opinion,  between  that  portion  of 
the  report  in  question,  which  is  hypothetical  and  argumentative, 
and  that  which  relates  to  the  particular  execution  of  the  duty 
assigned  to  the  counuissioners,  in  regard  to  survey  ;  in  which 
respect,  they  are  liapjjv  to  say,  it  is  presumed  to  be  superior  to 
any  just  exception. 

It  is  no  more  than  fit,  in  this  respect,  also,  to  say  that  the 
report  in  question  distinctly  acknowledges  the  existence  of  a 
range  of  highlands,  extending  along  upon  the  riglit  bank  of  the 
St.  Lawrence,  and  fulfilling  upon  that  side  the  features  of  the 
treaty  of  1783;  and  that  it  perfectly  shows  that  the  treaty  is 
capable  of  being  literally  executed  (as  it  could  not  avoid  doing) 
in  that  respect.     Whether  there  was  such  a  formation,  along 


NORTH-EASTERN  BOUNDARY. 


595 


upon  some  parallel  with  the  St.  Lawrence  at  the  head  of  the 
rivers  that  emptied  into  it,  known  and  understood  to  exist  at 
the  time  of  the  Proclamation  of  1763,  as  well  as  of  the  treaty 
of  1783,  was  not  more  a  simple  question  for  the  eye,  as  viewed 
from  the  margin  or  from  the  bosom  of  that  stream,  than  it  was 
established  in  the  geography  and  history  of  that  section  of 
country,  and  was  exhibited  in  all  the  good  maps  of  that  age. 
The  account  of  such  highlands  extends  back  to  the  earlier  ar- 
chives of  Canada ;  and  it  appears  in  the  authentic  records  of 
the  seventeenth  century.  A  graphic  description  of  their  ap- 
pearance is  given  at  that  ancient  day,  under  the  reign  of  Louis 
XIV,  as  reaching  from  the  vicinity  of  Quebec,  at  some  dis- 
tance from  the  shore,  quite  down  towards  the  mouth  of  the 
river.  Douglas'  Political  History  of  the  British  settlements 
in  America,  (of  which  different  editions  were  published  from 
1746,  about  the  date  of  the  treaty  of  Aix  la  Chapelle,  until 
17G0,  on  the  conquest  of  Canada,)  contains  a  like  sketch  of 
the  long  range  of  highlands  lying  on  the  south  side  of  the  St. 
Lawrence,  at  no  great  distance,  for  several  hundred  miles  In 
extent.  They  are  represented  as  elevated  and  lofty  heights 
in  that  direction,  with  short  and  rapid  rivers  or  runs  of  water 
on  that  side  of  the  St.  Lawrence,  according  with  the  old 
French  accounts  of  the  same  section  of  country  ;  and  they  are 
recommended  to  public  attention,  in  that  work,  which  was 
published  near  the  eve  of  the  Peace  of  1763,  in  connexion 
with  the  subject  of  a  convenient  barrier  or  boundary  for  the 
British  Provinces,  in  any  future  demarcations.  The  British 
Annual  Register  of  that  year,  too,  in  its  text,  contained  a  co- 
temporancous  exposition  of  the  proclamation  of  1763 ;  and 
the  highlands  were  there  described,  and  their  situation  was  laid 
down  and  illustrated  on  the  accompanying  map,  in  the  same 
volume,  as  they  were  then  and  afterwards  understood,  and  ac- 
knowledged, until  a  very  recent  period. 

A  remarkably  clear  light  is  likewise  thrown  upon  the  char- 
acter of  this  well  known  highland  boundary  by  a  document  that 
has  been  preserved  among  the  provincial  or  State  papers  of 
JSlassachusetts  respecting  it,  bearing  date  in  the  following  year, 
1764.  A  question  having  been  started  at  that  moment,  when 
the  Crown  was  looking  up  its  lands  in  all  directions,  whether 
the  lands  lying  east  of  the  Penobscot,  or  between  Nova  Scotia 
and  the  Sagadahock,  (formerly  called  the  Sagadahock  territory,) 
were  not  more  properly  Crown  lands,  and  therefore  not  for  the 
fieneral  Court  to  grant,  although  includeu  within  the  Massa* 
chusetts  rliarter,  and  therefore  stretching  to  the  St.  Lawreuc  ^, 
it  was  brought  before  the  Board   of  Trade,   and  became  the 


il 


i     1 
i    I 


59(3  WORTH-EASTERN  BOUNDARY. 

subject  of  discussion  between  the  Provincial  agent,  and  the 
British  Minister  for  that  department.  The  Lords,  at  least, 
thought  that  the  Province  could  claim  no  right  to  the  lands  on 
the  river  St.  Lawrence;  and  it  was  the  opinion  of  the  agent, 
though  the  original  patent  extended  to  the  river  of  Canada 
northward,  that  it  was  not  important  to  Massachusetts  to  pre- 
serve a  portion  of  country  which  lay  so  remote,  and  "whose 
rivers  run  still  further"  from  the  old  part  of  the  Province  '■^into 
that  of  St.  Lawrence ;"  and  it  was  proposed,  that  if  the  Pro- 
vince would  cede  all  the  claims  they  might  have  under  their 
charter,  "/o  the  lands  on  the  river  St.  Lawrence,  destined  by 
"the  royal  proclamation  to  form  part  of  the  Government  of 
"Quebec,"  the  Crown  would  waive  all  further  dispute  con- 
cerning the  lands  as  far  as  St.  Croix,  and  from  the  sea-coast 
of  the  bay  of  Fundy  to  the  bounds  of  the  Province  of  Que- 
bec ;  and  the  General  Court  was  thereupon  advised  to  relinquish 
"t/f  narrow  tract  of  land  which  lay  beyond  the  sources  of  all 
"their  rivers,  and  which  was  teatered  by  those  that  rim  into  the 
^^ river  St.  Lawrence,^''  as  being  of  little  comparative  conse- 
quence to  the  Province,  but  "absolutely  necessary  to  the 
"Crown,  to  preserve  the  continuity  of  the  Government  of 
"Quebec."  This  historical  document  shews  precisely  how 
the  narrow  valley  of  the  St.  Lawrence  was  viewed  at  the  time 
in  England,  and  America,  to  be  marked  o(i'  by  the  recent 
proclamation  of  17G3,  of  which  it  is  a  cotomporaneous  expla- 
nation ;  and  exhibits  therefore,  in  conspicuous  relief,  the  situa- 
tion of  the  naturally  and  necessarily  separating,  continuous 
elevation. 

Tliat  such  a  range  of  highlands  continued  down  the  St. 
Lawrence,  and  branched  off  toward  the  north  side  of  the  bay 
of  Cludeurs,  was  alike  recognized  and  represented  in  the  acts 
of  the  Crown  and  Parliament  from  1703  to  1774.  And  the 
known  configuration  of  the  earth,  in  that  quarter,  necessarily 
establishes  such  a  fact. 

The  commiltoe  need  not  say,  that  the  existence  of  such  an 
elevated  rise  of  land,  along  that  gcjieral  direction,  has  never 
been  drawn  in  question  by  any  coteinj)orary  authorities,  or  done 
away  by  any  subsequent  inquiries.  A  topographical  descrip- 
tion of  Lower  Canada,  by  the  Surveyor  General  of  the  Pro- 
vince, published  upon  the  conclusion  of  peace  in  1815,  and 
with  full  knowledge  of  the  articles  in  the  treaty  of  Ghent,  de- 
lineates "the  ridge  rising  at  a  certain  distance,  generally  de- 
"  nominated  the  Land's  Height,  dividing  the  waters  that  fall 
"into  the  St.  Lawrence  from  those  taking  a  direction  towards 
"the  Atlantic  ocean — along  whose  sununit  is  supposed  to  run 


NORTH-EASTERN  BOUNDARY. 


597 


"ihe  boundary  line  between  the  territories  of  Great  Britain 
"and  the  United  States.  This  chain  commences  upon  the 
"eastern  branch  of  (he  Connecticut  river,  takes  a  northeasterly 
"course,  and  terminates  near  Cape  Rosier  in  the  Gulf  of  St. 
"Lawrence."  Now,  it  was  upon  this  section  of  highlands 
trending  toward  the  bay  of  Chaieurs,  or  rising  along  to  the 
northward  of  it,  as  discernible  by  the  eye,  or  determining  the 
water  courses  described  by  the  acts  of  the  Crown  and  Parlia- 
ment in  1763  and  1774,  where  the  rivers  should  separate  off 
in  difFerciit  directions  into  the  St.  Lawrence  and  into  the  At- 
lantic, wherever  that  should  be  intersected  by  the  meridian,  or 
due  north  line  by  celestial  observation,  from  the  St.  Croix, — 
that  the  bounds  of  the  United  States,  defined  by  the  treaty  of 
17S3,  abutted. 

The  committee  refer  to  this  as  the  only  real  and  proper 
question  of  a  geographical  kind,  which  can  arise  or  exist  in  the 
case  ;  and  nothing  was  ever  necessary,  but  to  ascertain  and 
define  that  true  point  by  degrees  of  latitude  and  longitude,  as 
was  afterwards  proposed  to  be  done  by  the  unratified  conven- 
tions before  mentioned  of  1803  and  1806.  They  have  adverted 
to  this  point,  and  allowed  themselves  to  look  back  upon  this 
ancient  and  well  traced  line  of  boundary,  upon  the  horizon  of 
former  times,  with  more  freedom  than  there  might  otherwise 
have  been  occasion,  in  consequence  of  an  idea  at  first  insinuated, 
and  afterwards  more  gradually  developed,  and  confidently  in- 
sisted upon,  in  the  diplomatic  papers  of  Great  Britain,  since 
the  period  of  1832,  that  no  such  range  or  rogion  of  highlands 
in  truth  existed,  and  that  the  treaty  of  1783  was  therefore 
physically  incapable  of  execution.  Such  a  fallacious  sugges- 
tion was,  undoubtedly,  entirely  in  the  face  of  all  former  obser- 
vation and  political  experience  in  regard  to  the  question.  If 
there  was  room  for  any  thing  to  confirm  this  point,  it  might  be 
found  in  the  acknowledgment  of  the  fact,  in  every  form,  in 
which  it  could  be  made  at  the  time  of  the  treaty  of  1783. 
Authentic  evidence  exists  that  the  British  Minister  at  Paris 
was  possessed  of  all  the  "  books,  maps,  and  papers,  relative  to 
the  boundary,"  which  were  wanted  from  the  public  offices  in 
London  ;  and  without  referring  to  the  conclusive  character  and 
ertbct  of  Mitchell's  map,  which  was  regularly  prepared  under 
the  sanction  of  the  Board  of  Trade  and  Plantations,  and  was 
lilt'  one  immediately  before  the  negotiators,  all  the  maps  known 
to  have  been  published  in  England  from  1763  to  1783,  nearly 
twenty  in  number,  carried  the  course  of  the  boundary  line  from 
the  source  of  the  river  St.  Croix  northward,  across  the  river 
St.  John,  and  terminated  at  the  highlands  in  which  the  rivers 


598 


NORTH-EASTERN  BOUNDARY. 


that  fall  into  the  St.  Lawrence  take  their  rise.  In  all  those 
maps,  the  north  west  angie  of  Nova  Scotia  is  laid  down  on 
those  highlands,  where  that  north  line  terminates.  In  all,  the 
highlands  from  that  point  to  the  Connecticut  river  divide  the 
waters  that  fall  into  the  St.  Lawrence  from  the  tributaries  of 
the  St.  John,  and  from  the  other  rivers  that  fall  into  the  Atlan- 
tic. Sereral  dilibrent  maps  published  in  England  also  between 
the  preliminary  and  definitive  treaties,  in  November  1782  and 
September  1783,  lay  down  the  boundaries  of  the  United  States 
similar  to  those  delineated  in  the  previous  maps  as  the  boun- 
daries of  the  Provinces  of  Quebec  and  Nova  Scotia,  and 
as  they  have  ever  since  been  claiined  by  the  United  States. 
All  the  world  knows,  that  this  was  pointed  out  and  demonstra- 
ted, without  any  denial,  in  the  debates  in  Parliament  immedi- 
ately upon  the  treaty  ;  that  it  was  defended  by  the  Ministry 
who  had  been  put  in  to  make  peace  upon  terms  which  they 
were  disposed  to  render  favorable  to  us,  and  that  the  contest 
was  determined  against  them  upon  that  ground.  If  access  could 
even  now  be  had  to  the  various  depositories  of  the  papers  and 
correspondence  passi'  g  between  the  British  Ministry  and  its 
negotiators  at  the  peace  of  1783,  your  committee  have  the 
persuasion,  that  a  still  more  conclusive  light  might  be  cast, 
if  it  were  possible,  upon  the  intentions,  as  well  cS  the  terms,  of 
that  treaty,  so  as  to  dispel  all  shadow  of  doubt,  that  might  rest 
upon  that  question,  even  in  England. 

It  is  unnecessary  to  repeat  the  deep  concern  and  mortifica- 
tion, with  which  Maine  became  acquainted  with  the  State  of 
negotiation  on  this  subject,  in  183G.  It  was  shown  to  have 
been  so  strangely  conducted,  under  the  long  course  of  diplo- 
matic, management,  that  almost  every  trait  of  the  treaty  of 
1783  was  eflaced,  and  all  the  real  and  permanent  features,  or 
characteristics,  of  the  question,  were  quite  altered,  or  lost  sight 
of.  And  it  was  finally  insisted  by  the  British  Minister,  forget- 
ting the  late  height  of  Mars  Hill,  that  a  due  north  line  from  the 
St.  Croix  would  strike  no  highlands  described  by  the  treaty. 
The  topic,  indeed,  was  taken  up,  as  though  it  was  fresh  ;  and 
was  treated  as  if  there  had  been  no  previous  treaty  at  all  about 
it.  Without  making  any  other  remark  in  regard  to  the  mode 
in  which  the  subject  was  thus  managed,  it  is  no  more  than 
proper  to  say,  that  it  served  as  a  prelude  to  the  further  project, 
afterwards  disclosed,  for  unsettling  the  source  of  the  St.  Croix, 
and  striking  a  line  across  the  country,  to  the  head  of  the 
Chaudiere.  The  same  spirit  had  only  to  travel  back,  whether 
in  the  shape  of  critical   acuteness,  or  geological  research,  and 


i 


NORTH-EASTERN  BOUNDARY. 


599 


remove  the  highlands  described  in  the  proclamation  of  1763 
from  their  heie;hts  where  they  sent  their  streams  into  the  St. 
Lawrence,  to  that  interior  and  formerly  unknown  region,  where 
they  might  be  conceived  to  constitute  the  maximum  axis  of 
elevation  :  or  to  go  yet  further  to  the  suppression  of  that  por- 
tion of  the  old  cliarter  of  Massachusetts  which  contemplated  its 
"  extending  from  the  river  of  Sagadahock  to  the  gulf  of  St. 
"  Lawrence  and  Canada  rivers,"  &c.  and  also  of  the  passage 
as  quoted  in  the  American  statement  before  the  King  of  Hol- 
land from  the  letter  of  the  roval  Governor  of  Massachusetts  to 
the  Board  of  Trade  in  1700,  that  "  as  to  the  boundaries,  we 
"  have  always  insisted,  and  shall  insist,  upon  the  English  right, 
"  as  far  as  the  St.  Croix  ;"  or  furthest  and  last  of  all,  by 
vouching  a  stale  philology,  in  aid  of  a  new  invented  and  apo- 
cryphal geology,  so  as  to  change  the  original  direction  of  Sir 
William  Alexander's  obsolete  grant  of  Nova  Scotia  from  the 
northward,  in  a  straight  line,  toward  the  west,  to  the  head  of 
the  remotest  river,  the  Chaudiere,  that  falls  into  the  St.  Law- 
rence, opposite,  or  just  above  Quebec. 

From  publications  like  this  last,  again  alluded  to,  not  without 
repugnance,  it  is  refreshing  to  the  testimony  of  a  moral  sense 
in  the  human  breast,  to  turn  to  opinions  in  relation  to  the  gen- 
eral subject  in  recent  and  respectable  Enghsh  periodical  works, 
delivered  in  a  tone  as  well  as,  we  doubt  not,  a  spirit  of  equity, 
moderation,  and  candor.  If  the  committee  cannot  emulate,  as 
they  would  wish  to,  they  can  at  least  acknowledge,  a  tone  and 
temper  like  this  ;  and  they  can  at  least  hail  it  as  an  auspicious 
harbinger,  of  a  dawn,  if  not  a  day,  that  bus  not  even  yet  fairly 
broken — oh,  when  will  it  ever  burst  again — from  the  oriental 
glory  of  old  England,  upon  the  broad,  eternal  ground  of  truth 
and  justice  ! 

It  is  trusted  by  the  committee,  that  this  retrospect  will  not 
be  regarded  as  unimportant,  nor  the  last  portion  of  these  remarks 
bo  deemed  as  a  digression,  in  view  of  the  period  which  they  are 
approaching,  of  1S3S.  Previous  to  which,  it  may  be  men- 
tioned, that  a  strong  solicitude  was  awakened  in  the  breasts  of 
the  people  of  this  State  by  observing  the  advancing  progress 
and  extent  of  British  usurpation,  and  encroachment  upon  the 
disputed  territory.  One  of  the  most  extraordinary,  was  the 
project  for  a  rail-road,  proposed  by  the  Legislature  of  New 
Brunswick,  called  the  St.  Andrews  and  Quebec  Rail-road 
Company,  to  which  the  Legislature  of  New  Brunswick  pledged 
its  co-operation,  and  which  was  patronized  by  a  royal  grant  of 
£10,000.  A  rail-road  of  this  description,  it  was  plain,  must 
have  intersected  the  State  of  Maine  quite  south  of  the  St.  John ; 


(JQO  NORTH-EASTERN  BOt'NDARV. 

and  the  plan  of  it  was  to  cross  llie  lino  at  Mars  Hill.  'I'lii*  on* 
terprise  did  not  escnpe  the  vigilance  of  the  Legislnliiro ;  luid 
allhoitgh  it  was  relinquished,  the  demonstration  vva*  not  IomI 
upon  the  public  mind.  The  subject  was  taken  u|»  at  the  ennuinj^ 
session  of  the  Legislature  in  1837 ;  and  the  joint  conimitluu 
on  the  North-eastern  Boundary  was  instructed  to  iiiqulro  into 
the  expediency  of  providing  by  law  fur  the  np|)i)iiiiuiiiit  nf 
commissioners  on  the  part  of  the  Stale,  by  the  conscnl  of  thn 
Government  of  the  United  States  to  survey  the  lino  between 
this  State  and  the  Province  of  New  Urunswicic,  according  lo 
the  treaty  of  1783,  and  to  establish  monunuMits  at  such  pliu'on 
as  should  be  fixed  by  such  commissioners,  and  by  coinini'*- 
sioners  to  be  appointed  on  the  part  of  the  (jovcrnniLiil  of  ( J  rent 
Britain.  Upon  the  report  of  that  comuiitleo  a  j)ro[>t'ily  mudi- 
fied  Resolve  was  adopted  by  the  LegislaKne,  tliat  the  (»(iv(;rncir 
should  be  authorized  and  requested  to  call  on  the  President  of 
»'  the  United  States  to  cause  the  North-eastern  Boundary  of  ilio 

State  to  be  explored  and  surveyed,  and  monumentii  ere<;led, 
according  lo  the  treaty  of  1783 ;  that  the  co-operation  of 
Massachusetts  should  be  solicited ;  and  our  SenatorH  iiiHirneied 
and  Representatives  requested  accordingly.  In  consoquenro 
of  this  Resolve,  it  is  well  remembered,  an  appropriation  wuh 
obtained  in  Congress,  on  the  motion  of  Mr.  Kvans,  of  the  ;iuni 
of  $20,000,  for  the  purpose  of  such  survey,  and  (o  curry  iho 
object  of  it  into  effect ;  in  regard  to  whi(;h  it  is  iieodleMS  to 
remark,  that  nothing  was  ever  done;  nor  is  it  recollectuil  ihiit 
any  other  reason  was  ever  given  for  the  omission  thun  ihn 
existence  of  some  negotiation.  The  uppropriation  \\s\»  liniltint 
to  two  years.  In  the  interval,  it  wiji  not  be  forgotten,  anolliRr 
American  citizen,  and  it  is  hoped,  the  lust,  was  arrested,  vvilhiii 
the  Madawaska  precinct,  in  execution  of  a  duly  asdij^nod  to 
him  by  the  laws  of  the  United  States,  under  the  local  aiilhori- 
ties  of  Maine,  and  was  imprisoned,  once  and  again,  until  liH 
was  eventually  Uberated.  This  seizure  was  made  the  snhjuet 
of  complaint  and  reclamation  in  the  same  manner  that  hod  I/eon 
adop'.ed  in  the  former  case  ;  and  with  similar  success.  'I'lmso 
reclamations,  it  may  be  observed,  have  remained  over  hinre 
suspended.  The  National  Government  have  recognized  llieir 
correctness  on  the  part  of  Maine,  and  have  acknowlf!(li;(  d  ilia 
title  of  the  State  to  compensation.  But  the  deepest  iuiurftd. .'.  ^j 
was  made  upon  the  public  mind,  at  this  last  |)eriod,  by  lliu  .j^  Vj 
marching  of  British  troops  across  the  upper  part  of  tlii?  tei  ',:•,<■ 
in  the  latter  part  of  1837.  Of  the  intention  lo  do  thin,  Iho 
committee  would  observe,  that  simple  notice  was  f^iven  by  llie 
Bri'ubh  'jJoveroment ;  and  it  was  accepted,  and  coniiuiiiiicaicd 


•i 


II 

e 

o 

tl 


f 


NORTH-EASTERN  BOUNi^ARY. 


60  ( 


I 


as  an  act  of  courtesy,  to  bo  duly  appreciated  by  ours.  The 
coinmiltee  feel  restrained  by  motives  of  a  ligh,  prudent,  and 
moral  nature,  from  commenting  on  this  circumstance,  in  all  the 
relations  with  which  it  is  concerned,  and  in  regard  i  all  the 
reflections  and  emotions  to  which  it  gives  rise.  Candor  requires 
the  admission,  that  the  national  administration  did  not  at  that 
moment  foresee  the  consequences  of  this  inconsideraie  facility, 
or  probably  anticipate  that  it  would  terminate,  as  it  has  done, 
in  an  actual  and  apparently  absolute  occupation  of  that  part  of 
the  disputed  'errii  iry  by  an  established  British  military  force. 

The  corn'  i,(  ;e  :ae  willing  to  say,  that  they  do  not  wonder 
at  the  f'iuj  i'!i'-  v.'l  ci.  was  found  to  understand  the  subject,  or 
to  pei.  fjive  ull  its  j)roper  relations,  in  the  state  in  which  it  was 
left  provio'i-i  fo  the  period  of  the  late  administration  ;  and  they 
ro.idily  acku  nvledge  that,  making  duR  allowance  for  the  embar- 
<;;  nent  in  taking  it  up  at  lirst,  there  has  been  no  want  of  an 
auio  and  sincere  attention  to  its  interest ;  and  that  it  has  been 
passed  ffou:  the  hands  of  the  late  Secretary  of  State  in  a  much 
better  condition  than  he  found  it. 

The  committee  have  now  come  to  the  period  when  Maine 
had  so  long  seen  herself  exposed,  without  having  any  adequate 
shield  against  the  aggressions  and  encroachments  of  the  Pro- 
vincial Government  of  New  Bnmsvvick,  upon  her  borders ; 
and  when,  feeling  the  extreme  inconvenience  and  danger  result- 
ing from  not  having  any  marked  and  established  frontier,  she 
was  compelled  by  necessity  to  take  the  work  of  ascertaining  it 
into  her  own  hands,  and  of  determining  it,  so  far  as  she  could, 
unless  she  should  be  relieved  from  the  task  by  the  superior 
prudence  and  power  of  the  General  Government.  This  State 
saw  clearly  the  importance  and  propriety  of  causing  this  to  be 
done,  if  it  could  be  so,  by  the  authority  of  the  United  States; 
and  if  that  recourse  failed,  the  State  was  no  less  clear  in  regard 
to  the  duty  it  was  owing  to  itself.  Indeed,  it  saw  no  other 
alternative.  At  the  same  time,  therefore,  that  the  Legislature 
refused  to  give  its  consent,  beforehand,  to  a  conventional  line, 
it  further  resolved  that  unless  the  Government  of  the  United 
States  should,  alone  or  i  i  conjunction  with  that  of  Great 
Britain,  run  and  mark  the  line,  by  a  certain  time,  (which  was 
fixed  in  S'^ptcmber,  to  await  the  adjournment  of  Congress)  the 
vornor  of  the  State  should  enter  upon  the  execution  of  that 
measure.  No  provision,  however,  was  made  for  the  necessary 
expense  of  that  service,  beyond  what  was  contained  in  the 
ordinary  contingent  fund.  That  Resolve  and  this  fund  were  all 
that  the  Executive  of  ihc  State  had  to  guide  and  to  aid  him. 

The  committee  do  not  stop  to  state  at  length  the  views  that 
40 


602 


NORTH-EASTERN  BOUNDARY. 


were  taken  of  the  subject  by  the  Governor  of  the  State,  at 
that  period,  under  the  duties  prescribed  and  enjoined  upon  him. 
They  are  exhibited  in  the  communications  made  by  him  to  the 
Government  of  the  United  Stales,  and  especially  to  the  dele- 
gation of  this  State  in  Congress.  Those  views  might  be  re- 
ferred to  still  with  interest  and  satisfaction  ;  and  it  would  give 
the  committee  pleasure  to  copy  them  into  this  report.  In 
substance  and  amount  they  were  : — that  Maine  was  not  desirous 
to  assume  the  attitude  required  by  her  Resolves ;  that  the 
people  looked  with  intense  interest  to  the  expected  action  of 
Congress  and  of  the  Federal  Executive  upon  the  subject  ;  and 
that  their  earnest  wish  was  that  the  United  States  would  go 
forward  in  the  matter ;  that  the  State  did  not  seek  to  act  inde- 
pendently of  the  United  States,  but  did  feel  that  the  su^iect 
belonged  properly  to  the  Government  of  the  United  Stai.es  ; 
that  the  question  was  a  national  one,  and  the  action  thereon 
should  be  national ;  that  it  was  important  that  the  Provincial 
and  the  British  Governments  should  understand  that  what  was 
to  be  done  should  be  so  under  the  authority  of  the  General 
Government,  and  would  be  sustained  by  it ;  for  so  long  as  they 
supposed  that  Maine  was  not  acting  in  accordance  with  the 
sentiments  of  the  United  States,  but  proceeded  on  her  own 
responsibility,  alone  and  unsupported — so  long  must  we  expect 
a  repclitinn  of  outrages  upon  onr  rights  and  upon  the  j)ersons 
of  our  citizens  and  agen's.  Maine  was  obliged  to  move  upon 
her  own  responsibility  ;  but  no  just  inference  was  thence  to  be 
drawn  that  she  intended  to  absolve  the  General  Government 
from  its  constitutional  obligation,  as  the  principal,  responsible, 
guardian  power ;  and  the  course  prescribed  was  evidently  in- 
tended to  be  pursued  only  in  the  last  resort,  to  assert  our 
rights,  all  other  measures  failing.  But  in  that  respect  the  de- 
termination of  Maine  was  announced  to  be  fixed  and  settled  ; 
and,  so  far  as  rested  on  her  Executive,  her  will,  as  expressed 
by  the  Legislature,  should  be  faithfully  obeyed  and  executed. 

The  committee  do  not  deem  it  necessary  to  go  into  all  the 
circumstances  of  that  eventful  Resolve,  and  to  review  the 
whole  transactiotis  of  that  period,  in  which  our  cause  was 
raised  from  the  character  of  a  border  quarrel — one  in  which  it 
had  too  long  been  viewed  in  other  parts  of  the  Union — into  its 
due  relief  and  importance ;  when  it  was  presented  to  public 
favor,  and  placed  in  the  foreground  of  our  public  aflairs,  and 
lifted  into  the  clearer  light  of  day,  as  a  matter  about  which 
there  could  be  no  doubt,  and  there  ought  to  be  no  further  dis- 
pute and  delay.  It  was  rescued,  at  tlie  same  time,  from  the 
deadly  repose  of  diplomacy ;  and  almost  redeemed  at  onco 


NORTH-EASTERN  BOUNDARY. 


603 


from  those  enormous  errors  and  obliquities,  in  which  it  had  been 
involved  by  the  predecessors  of  the  now  late  Secretary  of 
State.  An  arrangement  was,  at  this  point  of  time,  without 
waiting  any  further,  proposed  by  him  to  the  British  Govern- 
ment, under  the  direction  of  the  President,  to  test  the  correct- 
ness of  the  opinion  of  the  State  of  Maine,  that  the  line 
described  in  the  treaty  of  1783  could  be  found  and  traced, 
whenever  the  Governments  of  the  United  States  and  Great 
Britain  should  proceed  to  make  the  requisite  investigation,  with 
a  predisposition  to  eftect  the  desired  object.  It  might  seem 
strange  to  be  sure,  that  the  question  should  be  supposed  to 
have  arrived  at  such  a  pass ;  and  the  mode  in  which  the  inves- 
tigation was  taken  up,  at  that  particular  moment,  was  far  from 
being  satisfactory ;  but  it  undoubtedly  appeared  to  the  Execu- 
tive of  the  United  States  to  be  best ;  and  it  was  regarded, 
indeed,  it  is  believed,  as  the  only  alternative  that  could  be 
adopted,  to  the  total  rupture  of  negotiation.  Whether  that 
was  of  so  much  real  importance  as  was  then,  perhaps,  con- 
ceived, the  result  has  hardly  yet  proved.  The  subject  was, 
however,  by  this  means,  unavoidably  taken  out  of  tlu  immedi- 
ate hands  of  Congress,  as  a  matter  of  practical  consideration 
and  proceeding,  further  than  the  occasion  was  thereby  afforded 
to  call  for  its  definite  opinion  and  decision  thereupon.  And  it 
must  be  owned  to  have  been  a  great  and  sensible  relief  to  the 
State  of  Maine,  and  it  awakened  her  warmest  gratitude,  that 
her  call  for  the  judgment  of  Congress  was  followed  by  the  cor- 
dial and  unanimous  recognition  of  her  rights  by  both  its  branches; 
and  by  the  subsequent  acknowledgment,  so  long  suspended,  of 
her  title  to  recompense  for  essential  and  vital  wrongs. 

The  cause  of  Maine  was  then  adopted  and  made,  not  only 
the  cause  of  Massachusetts  and  all  New  England,  but  the  causa 
of  New  York  and  Virginia,  of  Pennsylvania,  Ohio,  and  Ken- 
tucky, and,  in  fine,  of  the  whole  Union.  While  all  might  not 
have  been  done  by  the  Federal  Government  that  was  desired 
by  the  Legislature,  it  is  due  to  acknowledge  that  all  was  dona 
by  Congress,  that  was  in  their  pov.cr,  under  the  circumstances 
in  which  they  were  called  to  act,  consistent  with  the  previous 
coiu'se  of  the  President,  in  re-opening  negotiation.  Whether 
there  is  any  reason  for  regret,  in  respect  to  that  course,  as 
before  intimated,  it  is  not  within  the  province,  if  it  were  in  the 
power,  of  the  committee  to  determine.  Tlioy  may,  perhaps, 
be  permitted  to  observe,  that  llicre  was  a  full  report  made,  at 
that  period,  of  the  agency  instituted  under  the  State  Executive 
for  the  purpose  of  olitaining  the  constitutional  sanction  and  co- 
operation   of  the  (jovernment  of  the   United   States.      Full 


604 


NORTH-EASTERN  BOUNDARY. 


justice  was  intended  to  be  done,  as  the  committee  may  believe, 
in  that  report,  to  the  principal  actors  in  that  interesting  and 
important  matter ;  and  a  merited  tribute  was  paid  to  those  dis- 
tinguished persons  in  the  Senate  of  the  United  States,  particu- 
larly, who  took  a  leading  part  in  the  discussion  and  decision. 
The  only  difficulty  was  in  assigning  to  individuals  their  proper 
share  of  that  merit  on  our  behalf,  which,  if  so  well  deserved 
by  them,  was  justly  due  to  all.  If  there  was  an  omission  to 
be  repaired,  it  might  have  been  in  respect  to  the  names  of  the 
two  representatives  of  Maine  therein  mentioned  as  having  taken 
an  effective  part  in  the  finally  successful  course  of  proceedings 
in  the  House  of  Representatives.  There  was  no  occasion  to 
say  that  those  two  representatives  were  Mr.  Evans  and  IVIr. 
Fairfield  ;  both  of  whom  have  since  been  remembered  with  ihe 
most  respectful  consideration  by  the  State,  and  the  memory  of 
their  arduous  and  faithful  services  on  this  subject  is  yet  fresh  in 
its  mind.  Without  disparagement  also  to  the  constant  and 
faithful  services  of  a  Senator  from  our  own  State,  (Mr.  Wil- 
liams) which  are  also  entitled  to  their  due  acknowledgment,  the 
committee  may  be  allowed  the  gratification  of  adding  that  the 
cause  of  Maine,  in  the  true  sense  of  the  word,  had  no  more 
decided  and  determined  champion  in  the  Senate,  than  the 
present  worthy  Governor  of  Massachusetts. 

If  the  Resolves  of  1838  did  not  entirely  reach  their  object, 
they  may  be  well  regarded  as  having  accomplished  their  end. 
This  was  done,  we  would  remark,  in  the  first  place,  by  means 
of  those  joint  unanimous  Resolutions  of  Congress,  which  as- 
serted the  rightfulness  of  our  claim,  and  the  practicability  of 
running  and  establishing  the  line  of  boundaiy  agreeable  to  the 
treaty  of  1783 ;  and  secondly,  by  engaging  the  co-operation 
and  su|)port  of  the  Government  of  the  Lulled  States,  so  much 
in  accordance  with  the  spirit,  if  somewhat  short  of  the  letter, 
of  our  Resolves  ;  thirdly,  the  fulfilment  of  the  course  of  action 
adopted  by  the  (General  Government,  so  far  as  it  proved  de- 
fective upon  a  strict  construction  of  those  Resolves,  was  neces- 
sarily furnished  by  the  conclusion  of  the  Kxccutive  of  the 
State  to  go  on  and  (.'xecuto  the  instructions  of  the  Legislature, 
as  he  had  unequivocally  announced  his  intention  to  do,  in  that 
emergency.  The  absolute  mandate  of  the  Legislature  left  him 
no  alternative  ;  and  although  the  path  on  which  he  was  obliged 
to  enter  was  one  beset  wilh  diflicult;  and  disconragenient,  he 
was  equal  to  what  the  occasion  required.  The  committee  are 
proud  to  recal  that  he  had  the  satisfaction  of  being  seconded, 
olso,  in  carrying  the  undertaking  into  efiirl,  by  that  constant, 
ardent,  and  indefatigable  advocate  of  the  rights  and  interests  of 


■ 


NORTH-EASTERN  BOUNDARY. 


605 


Maine,  the  late  John  G.  Deane,  over  whose  recent  and  un- 
timely grave  we  are  called  to  pause,  without  turning  aside,  and 
to  bestow  the  passing  tribute  due  to  his  honest  worth,  and  his 
persevering  and  devoted  spirit. 

And,  finally,  we  may  consider  the  end  of  those  Resolves  to 
have  been  accompljshed,  in  a  material  respect;  that  is,  in  re- 
gard to  ascertaining,  what  was  the  immediate  object  of  that 
expedition,  and  which  never  fairly  admitted  of  a  question — the 
feasibility  of  the  undertaking,  if  there  was  a  disposition  to  go 
about  it  in  good  earnest.  We  may  likewise  be  at  liberty  to 
look  upon  the  late  subsequent  proceedings,  instituted  under  the 
direction  of  the  Government  of  the  United  States,  for  the 
exploration  and  survey  of  the  treaty  boundary  upon  the  north- 
east angle  of  the  United  States,  as  the  final,  though  tardy, 
result  and  confirmation  of  the  juevious  consequence  of  the 
Resolves  and  proceedings  of  1838  in  this  same  respect. 
Without  questioning  whether  the  American  Government  ought 
to  have  allowed  the  British  to  have  been  in  advance,  upon  an 
investigation  of  this  kind,  it  may  afford  sufl^icient  satisfaction 
that  the  main  object  has  so  far  been  answered,  and  that  the 
Resolves  of  1838  have  been  thus,  in  some  important  respects, 
although  still  imperfectly,  performed. 

In  this  respect  the  committee  may  allude,  with  gratification, 
to  the  so  far  satisfactory  results  to  which  the  commissioners 
recently  appointed  by  the  Government  of  the  United  States 
have  arrived,  as  already  communicated.  Without  deeming 
them  to  have  been  of  absolute  and  essential  importance,  we 
may  regard  them  as  auxil'-ry  to  what  had  been  already  accom- 
plished, and  as  tending  to  carry  out  the  purpose  of  the  Resolves 
of  1838  to  their  final  completion.  The  character  of  the  recent 
exploration  is  one  well  calculated  to  gain  respect  and  confi- 
dence;  and  wo  hope  it  maybe  speedily  )>ursued  to  the  final 
determination  of  the  lines  it  will  be  the  object  to  run  and  mark. 

The  committee  have  now  come  upon  a  period  at  which 
Maine  was  called  upon  to  test  the  firmness  of  her  principles, 
and  the  fortitude  of  her  purposes,  and  they  may  further  say, 
the  btronglli  of  her  Resolves,  upon  a  sudden  and  somewhat 
u'lloresecn  emergency.  This  was  in  consequence  of  informa- 
tion communicated  to  Governor  Fairfield,  on  entering  the  duties 
of  his  oflicc,  as  successor  to  Governor  Kent,  in  1839,  and  by 
him,  confidentially,  lo  the  JiCgislalure,  that  there  was  a  large 
assembly  of  unknown  individuals  upon  the  border,  many  of 
whom  were  from  the  British  Provinces,  engaged  in  trespassing 
extensively  upon  tlio  lands  belonging  to  this  State  and  Massa- 
chusetts, within  the  proper  jmisdiction  of  Maine ;  and  it  was 


606 


NORTH-EASTERN  BOUNDARY. 


further  stated,  that  they  not  only  refused  to  desist,  but  that  they 
defied  the  power  of  this  Government  to  prevent  their  commit- 
ting depredations  upon  the  timber  within  the  territory,  to  any 
extent  they  pleased.  In  consequence  of  this  communication, 
and  the  evidence  in  support  of  it,  the  Land  Agent  of  the  State 
was  authorized,  by  a  special  Resolve  of  January  24,  1839,  to 
employ  forthwith  sufficient  force  to  arrest,  detain,  and  imprison 
all  persons  found  trespassing  on  the  territory  of  this  State,  as 
bounded  and  established  by  the  treaty  of  1783.  In  proceed- 
ing upon  the  execution  of  this  duty,  upon  the  south  side  of  the 
St.  John,  and  west  of  the  meridian  dividing  Maine  from  New 
Brunswick,  the  Land  Agent  was  surprised  and  seized  by  an 
unauthorized  force  from  the  other  side  of  the  line,  of  the  same 
character,  if  not  in  connexion,  with  the  general  trespassing 
parties,  in  the  night,  and  was  drawn,  with  circumstances  of  in- 
dignity and  precipitation,  to  the  seat  of  the  Provincial  Govern- 
ment, at  Fredericton.  There  he  was  received,  detained,  and 
treated  as  an  offender  ;  and  shortly  paroled,  as  a  prisoner  of 
State  ;  so  that,  in  addition  to  the  indignity,  to  which  this  State 
was  thus  subjected  by  the  seizure  and  captivity  of  her  ofiicial 
public  agent,  representing  her  supreme  power,  and  acting  under 
the  direct  authority  and  commission  of  the  Legislature,  it  had 
to  endure  the  further  mortification  of  having  tiie  appropriate 
duties  of  that  high  officer  discharged  by  a  paroled  prisoner  of 
her  Britannic  Majesty's  Lieutenant  Governor  of  i\<'w  Bruns- 
wick, liable  to  be  called  to  answer  at  any  moment  for  official 
acts  by  him  performed  upon  the  territory  in  question  ;  while  it 
had,  at  the  same  time,  to  digest  the  double  disgrace  of  receiv- 
ing this  derogatory  boon,  under  degrading  circumstances,  from 
a  deputed  power,  which  demanded  the  whole  disputed  territory 
to  be  under  the  immediate  custody  of  a  Provincial  Warden. 

To  pass  rapidly  over  events  so  recent,  as  not  to  require  re- 
cital, and  not  to  burden  this  report  with  details  of  which  we 
may  retain,  perhaps,  too  deep  and  vivid  a  recollection,  it  may 
be  observed,  in  passing,  that  the  course  thus  adopted  by  this 
State,  in  resorting  to  its  own  power  for  protection,  and  moving 
upon  the  emergency  to  repel  lawless  aggression,  was  one,  of 
which  the  legitimacy  was  recognized  as  well  by  British  as  by 
American  jurisprudence,  and  it  was  allowed  by  Congress  to 
have  been  exerted  in  strict  conformity  to  the  established  prin- 
ciples of  the  Auidamental  law  of  both  countries.  The  first 
appeal,  moreover,  to  military  force  was  made,  and  so  declared 
by  Congress,  by  the  Lieutenant  Governor  of  Now  Brunswick; 
and  the  consequent  proceedings  on  the  part  of  Maine  wero 
acknowledged  to  have  been  purely  defeusi\  e.     The  pretension 


NORTH-EASTERN  BOUNUARV. 


607 


assumed  by  the  Lieutenant  Governor  of  New  Brunswick  was 
considered  as  excluding  the  civil,  as  well  as  the  military  power 
of  this  State.  It  no  less  rejected  the  right  of  the  United 
States,  than  that  of  Maine,  to  interpose  any  authority  to  pre- 
serve the  peace  and  order  of  a  portion  of  country,  to  which 
the  British  Government  could  extend  nothing  but  a  naked  and 
destitute  claim  ;  and  which  portion  was  comprehended  in  the 
ancient  recognized  jurisdiction  of  Massachusetts.  These  facts 
and  principles  were  embodied  in  an  able  and  patriotic  report 
from  the  committee  of  Foreign  Affairs,  presented  in  the  House 
of  Representatives,  on  the  28th  of  February,  1839. 

Maine  has  not  forgotten  the  generous  and  simultaneous  sym- 
pathy which  swelled  throughout  the  land,  nor  will  she  cease  to 
bear  in  mind  the  noble  burst  of  indignation,  which  arose  in  the 
halls  of  Congress,  above  all  other  interests,  on  the  occasion  of 
this  movement  from  New  Brunswick,  and  the  stand  assumed 
by  Maine.  The  demand  upon  this  State  to  divest  herself  of  a 
jurisdiction  practically  established,  and  perfectly  defined,  and 
to  surrender  it  to  a  contiguous  foreign  province,  was  listened 
to  with  astonishment ;  and  the  idea  was  not  tolerated  for  a 
moment.  The  objection  to  the  military  occupation  of  the 
disputed  territory  by  Great  Britain  was  pronounced  to  bo 
insurmountable  ;  and  the  execution  of  orders  to  that  eflect  was 
proclaimed  to  be  incompatible  with  the  honor  of  the  United 
States.  The  pretence,  that  there  was  any  agreement  or  under- 
standing, that  Great  Britain  should  occupy  the  territory  as  she 
claimed,  pending  the  controversy,  was  instantly  repudiated  ;  and 
the  right  of  the  State  to  the  control  and  protection  of  her  own 
domain  fully  asserted.  The  appeal,  that  was  made  by  Maine 
at  that  moment  to  the  General  Government,  met  with  a  prompt 
and  immediate  response.  The  reply  was  one  that  manifested 
a  duo  sense  of  her  rights,  by  spreading  over  them  the  ample 
folds  of  the  federal  union ;  and  the  sensibility  of  Congress  to 
the  claim  of  the  State  for  protection  expressed  itself  at  once 
in  the  most  eflcctivc  and  emphatic  form.  By  an  act  of  Con- 
gress upon  the  report  of  the  committee  of  the  House,  the 
President  was  authorized  to  resist  and  repel  any  attempt  on 
the  part  of  (rreat  Britain  to  enforce  by  arms  her  claim  to  ex- 
clusive jurisdiction.  The  whole  military  and  naval  forces  of 
the  United  States  were  placed  at  his  disposal,  with  such  por- 
tions of  the  militia  as  he  might  sec  fit  to  call  out  for  our  pro- 
tection. Ten  millions  of  dollars  were  appropriated  for  the 
purpose  ;  and  a  special  provision  was  further  made  for  the  ap- 
pointment of  a  Minister  to  Great  Britain,  if  the  President 
should  consider  it  expedient.     This   act  was  to  continue  in 


608 


NORTH-EASTERN  BOUNDARY. 


foro  until  sixty  days  after  the  commencement  of  the  then  next 
session. 

Maine,  in  return,  was  solicited  and  appealed  to,  to  rest  sat- 
isfied with  this  vindication  of  her  sovereignty,  and  to  rely  on 
this  full  assurance  of  protection  ;  and  this  act  of  Congress  was 
presented  to  her,  at  once,  as  a  pledge  on  the  part  of  the  Gov- 
ernment, and  as  an  inducement  to  prevail  upon  her  to  withdraw 
her  military  force,  then  rightfully  in  arms  to  sustain  the  civil 
authority  and  to  repel  invasion.  The  conunittee  almost  quote 
the  puhlic  language  employed  by  high  authority  on  that  occa- 
sion ;  and  they  may  refer  to  the  general  character  of  the  acts 
and  declarations  of  the  federal  goveinment  in  our  favor.  An! 
they  would  take  this  fmther  opportunity  to  say,  with  sincerity 
and  pleasure,  that  if  there  has  been  any  real  want  of  vigor  in 
the  course  of  the  late  national  administration  u|)on  this  impor- 
tant subject,  there  h^i  been  scarcely  any  failure  of  the  most 
uniform,  conciliatory,  and  respectful  treatment  toward  the  State 
and  its  official  authorities. 

Upon  view  of  these  measures  of  the  national  Government  for 
the  protection  of  the  State,  and  in  particular,  of  the  provision 
also  for  the  appointment  of  a  special  Minister  to  the  Court  of 
St.  James,  the  Legislature  passed  a  Resolve  on  the  23d  of 
March,  1839,  which  assorted  the  right  of  the  State  to  exclusive 
jurisdiction  over  all  the  territory  that  lies  west  of  a  due  north 
line  from  the  monument  to  the  northwest  angle  of  Nova  Scotia, 
to  wit,  all  that  had  been  called  the  disputed  territory  ;  and  it 
denied  the  competency  of  any  other  authority  to  limit  or  impair 
the  exercise  of  that  inherent  right,  according  to  her  own  sole 
judgment  ;  and  expressing  at  the  same  time  an  earnest  desire 
to  come  to  an  amicable  adjustment  of  the  whole  controversy, 
(referring  immediately  to  the  provision  for  the  appointment  of 
a  special  Minister,)  it  did  further  resolve  to  forbear  to  enforce 
her  jurisdiction  in  that  part  of  the  territory,  of  which  the  pos- 
session was  then  usurped  by  the  Province  of  New  Brunswick, 
so  far  as  shn  could  do  so,  consistently  with  the  maintenance  of 
the  former  Resolve  of  January  24th,  which  has  been  mentioned; 
and  in  relation  to  that  late  Resolve  the  Legislature  still  declared 
it  to  be  no  less  the  imperative  duty,  than  the  unalienable  right 
of  the  State  to  protect  Lji  public  domain  from  dopredution  and 
plunder,  up  to  the  extremest  limits  of  her  territory  ;  and  that 
moreover,  no  power  on  earth  should  dri\  c  her  from  an  act  of 
jurisdiction  so  proper  in  itself,  and  to  which  her  honor  was  so 
irrevocably  committed. 

The  Legislature  also  expresscfl  its  perfect  approbation  of  the 
public  measures  pursued  by  Governor  Fairfield  in  relation  to 


NORTH-EASTERN  BOUNDARY. 


609 


stand  to,  and  sustain 


i 


: 


nd  further  declared  its  determination  to 
execution  of,  the  aforesaid  Resolve  of 
January  24th.  It,  however,  authorized  the  Governor,  when- 
ever he  should  be  satisfied  that  the  exigency  had  ceased,  and 
that  all  intention  of  occupying  the  disputed  territory  with  a 
military  force,  and  of  attein|)ting  the  exj)ulsion  of  our  own  party, 
had  been  abandoned,  to  withdraw  the  militia,  leaving  the  Land 
Agent  with  a  suflicient  posse,  armed  or  unarmed,  as  the  case 
might  retpjirc,  to  carry  the  said  ilesolve  into  c/lect. 

The  Legislature,  at.  the  same  time,  (having  befure  them  the 
recent  demonstration  made  under  the  direction  of  the  former 
(iovernnr)  deemed  that  the  entire  practicability  of  running  and 
marking  our  North-eastern  Boundary  line,  in  strict  conformity 
with  the  definitive  treaty  of  peace  of  1783,  was  placed  beyond 
a  doubt ;  and  further  declarcid  that  a  crisis  had  arrived,  when 
it  became  the  duty  of  the  Government  of  the  United  States 
forthwith  to  propose  to  that  of  Great  liritain  a  joint  commission 
for  the  purpose  of  running  the  line  accordingly  ;  and  in  case  of 
refusal  on  the  part  of  Great  Britain,  it  was  incumbent  on  the 
United  States  to  run  the  line  upon  their  own  authority,  and  to 
lake  possession  of  the  whole  disputed  teiritory  without  unne- 
cessary delay. 

In  the  mean  time  it  may  he  remarked,  that  a  preliminary 
arrangement  had  been  entered  into  by  a  memorandum  signed 
on  the  27  th  of  February,  1839,  between  the  Secretary  of  State 
and  the  British  JNlinister;  which,  after  stating  the  different 
views  entertained  by  the  two  parlies  on  the  point  of  jurisdic- 
tion, proposed,  that  while  the  Lieutenant  Governor  of  New 
Brunswick  should  not  M'ithout  renewed  instructions  undertake 
to  expel  l)y  force  the  armed  jiarty  employed  upon  the  Aroos- 
took by  Maine,  it  should  on  the  other  hand  be  withdrawn  by 
IMaine  ;  and  furthermore,  that  all  future  operations  for  protecting 
the  territory  against  trespassers  should  be  carried  on,  either 
jointly,  or  separately,  by  agreement  between  Maine  and  New 
Brunswick. 

With  the  greatest  deference  to  the  higlt  source  from  which 
this  proposal  proceedud,  the  committee  cannot  close  their  eyes 
to  the  singular  and  somewhat  extraordinary  nature  and  character 
of  this  recommendation.  Maine  had,  to  be  sin'c,  been  com- 
pelled to  act,  upon  a  sudden  occasion,  in  self  defence  ;  but  she 
hail  not  presumed  to  enter  into  any  relation  with  New  Brims- 
wick,  in  face  of  the  absolute  clause  of  tlin  Constitution  which 
forbids  any  State,  without  the  consent  of  Congress,  to  "  enter 
"•  into  any  agreement  or  compact  with  another  Stale  or  with  a 
"  foreii.';!!  power,  or  engage  in  war,  uulesi  actually  invaded,  or 
41 


610 


NORTH-EASTERN  BOUNDARY. 


"  in  such  imminent  clanger,  as  will  not  admit  of  delay."  Cer- 
tain stipulations  are  slated  and  understood  to  have  been  sub- 
scribed to  and  interchanged  between  the  then  Governor  of 
Maine,  and  the  Lieutenant  Ciovernor  of  New  IJrunswick, 
under  the  mediation  of  a  distinguished  military  ofiicer,  sent 
hither  by  the  General  Goveriinieiit ;  but  they  have  not  been 
understood,  on  the  part  of  this  State,  to  have  exceeded  the 
limits  prescribed  by  the  coteniporancous  Resolves,  of  which 
alone  they  could  have  been  in  execution,  or  fulfilment,  so  far 
as  this  State  is  concerned  ;  and  as  to  any  further  virtue  or 
efficacy,  the  subscription  must,  the  committee  conceive,  derive 
its  authority  entirely  from  the  commission  given  by  the  Gov- 
ernment of  the  United  States  to  Major  General  Scott. 

Be  that  as  it  may,  the  request,  recommendation,  or  agree- 
ment, (whatever  it  was)  was  immediately  complied  with  and 
performed  on  the  part  of  Maine,  under  the  sanction  of  the 
National  Government ;  and  under  a  full  reliance,  also,  upon  its 
guarantee  against  any  adverse  military  occupation  of  any  part  of 
the  disputed  territory  by  Great  Britain.  Upon  the  proposition 
made  by  General  Scott  to  Sir  John  Harvey,  it  was  signified 
by  the  latter  not  to  be  his  intention,  under  the  expected  renewal 
of  negotiations  between  the  cabinets  of  London  and  Washing- 
ton, on  the  subject  of  the  disputed  territory,  without  renewed 
instructions  from  his  Government,  to  seek  to  take  military  pos- 
session of  that  territory,  or  lo  seek  by  military  force  to  expel 
the  armed  civil  posse  or  the  troops  of  Maine. 

This  being,  in  the  view  entertained  by  Governor  Fairfield, 
the  exact  contingency  contemplated  by  the  Legislature  in  the 
foregoing  Resolves,  he  did  not  hesitate  to  conform  lo  the  stip- 
ulation, by  recalling  the  troops  of  Maine  at  once,  and  dismis- 
sing them  to  their  homes.  It  appeared  to  be  the  course 
prescribed  to  him  by  the  Legislature  ;  such  an  one  as  might  be 
adopted  vviihoul  compromising  the  rights  or  dignity  of  the  State, 
which  had  never,  as  he  stated,  projuised  to  take  military  pos- 
session of  the  territory.  Our  objects  had  been  only,  in  the 
first  place,  to  protect  the  territory  from  devastation  by  trespas- 
sers;  and  secondly,  to  resist  the  opposite  threats  of  expulsion 
by  military  power.  Our  militia  hail  maintained  their  ground, 
while  the  exigency  that  called  them  out  remnined.  When  thai 
was  removed,  the  withdrawal  of  the  troops  was  i;o  abandon- 
ment of  any  position  taken  by  (his  State.  An  ordinary  civil 
posse  was  thereupon  substituted,  and  stationed  at  one  or  two 
points  only  upon  the  Aroostook  and  St,  .1ohn,  barely  sufficient 
for  the  intended  purpose  of  preventinti  trespass. 

It  is  unnecessary  to  mention,   that,   under  all  these  circnm 


* 


NORTH-EASTERN  BOUNDARY. 


611 


■ft- 


I 


ft 


iiances,  ihe  presence  of  any  actual  or  impending  military  force 
upon  our  frontier  was  presumed  to  have  been  entirely  removed. 
Sucli  appears  to  have  been  the  persuasion  of  Governor  Fair- 
field when  he  prepared  to  meet  the  Legislature  at  the  opening 
of  the  session  of  1840.  But  the  coniniunication  he  was  about 
to  make  was  obliged  to  be  modified  by  the  information  which 
reached  him.  in  reply  to  an  inquiry  he  had  addressed  to  Sir 
John  Harvey,  founded  on  previous  rumor,  that  the  British 
Government  was  about  taking  a  military  possession  of  the  region 
of  Mjda\vn»ka.  In  this  reply,  it  was  acknowledged,  that  on© 
or  two  companies  had  been  stationed  at  Temiscouata  Lake ; 
that  this  was  done,  however,  not  by  orders  from  him,  the 
Lieutenant  Governor  of  iS'ew  Brunswick,  but  by  virtue  of  au- 
thority superior  to  his,  namely,  that  of  the  Government  of 
Lower  Canada.  Through  less  official  sources,  accounts  were 
received,  aliout  the  same  lime,  of  the  building  of  barracks  by 
the  British  Government  near  the  mouth  of  Madawaska  river, 
on  the  St.  John.  These  movements  were  naturally  regarded 
by  Governor  Fairfield,  under  whatever  branch  of  British  au- 
thority, or  upon  whatever  pretence,  they  might  be  made,  not 
more  clearly  as  a  violation  of  the  spirit  of  the  arrangement  that 
had  been  adopted  in  the  March  previous,  than  as  an  absolute 
invasion  of  our  territory,  and  as  such,  demanding  the  imme- 
diate and  vigorous  interposition  oi  the  General  Government 
enjoined  by  the  Constitution  and  laws  of  the  United  States. 
In  an  ensuing  correspondence,  these  measures  on  the  part  of 
the  British  were  justified  or  defended  by  their  Minister  at 
Washington,  on  the  grounds  of  a  general  report,  of  which  that 
Government  was  said  to  be  fully  aware,  charging  the  Legisla- 
ture of  xMaine  with  the  intention,  during  its  then  session,  of 
revoking  the  provisional  agreements  then  in  force,  and  autho- 
rizing some  new  and  extensive,  nameless,  act  of  aggression 
over  the  stipulated  territory.  From  this  offensive  charge  the 
State  of  Maine  was  justly  vindicated  by  the  Secretary  of  the 
United  States  ;  and  the  imputation  was  repelled  with  an  equally 
measured  Ibice  and  pro])riety  of  expression  ;  and  this  vindica- 
tion was  ac'ompanied  with  a  due  demand  J'or  the  removal  of 
the  invading  force. 

The  Legislature  at  its  next  session,  by  its  Resolves  of 
March  IS.  1840,  gratefully  acknowledged  the  patriotic  enthu- 
siasm with  which  several  of  our  sister  States  had,  during  the 
preceding  year,  tendered  their  aid  to  repel  threatened  foreign 
invasion,  and  hailed  the  pervading  spirit  of  self  sacrifice  and 
devotion  to  national  honor  throughout  the  Union,  as  auspicious 
to  ])reserving  the  integrity  of  our  territory.     They  recognized, 


NORTH-EASTERN  BOUNDARY. 

moreover,  in  like  manner,  the  promptness  ami  unanimity  witli 
which  the  last  Congress,  at  the  call  of  iho  tState,  had  placed 
at  the  disposal  of  the  President  the  arms  and  treasures  of  the 
nation,  for  our  defence ;  and  they  regarded  the  firmness  of  its 
Executive  in  sustaining  the  course  of  tiie  rotate,  and  in  repel- 
ling the  charge  of  any  ii. fraction  of  arrangement  on  the  part  of 
this  Slate,  and  retorting  a  violation  of  agreement  upon  the 
IJritish  Government,  and  the  decision  manifested  in  demanding 
ihe  removal  of  the  British  troojis,  then  quartered  on  the  dispu- 
ted territory,  as  tlie  only  guarantee  of  a  sincere  desire  for  an 
amicable  settlement  of  the  bound;M'y  question, — all  these  acts 
of  the  Government,  combined  wiili  the  union  of  public  senti- 
ment, they  looked  upon  and  regarded  as  aflbrding  confident 
assurance  that  this  State  would  not  be  compelled  single-handed 
to  take  up  arms  in  defence  of  its  territory  and  of  national 
honor ;  and  they  further  avowed  the  conviction  that  the  crisis 
was  near,  when  this  question  would  bo  settled  b)  the  JWilional 
Government,  either  by  ncgolialion,  or  by  the  uliimate  resort. 

It  was,  moreo'  or,  resolved,  that  unless  the  British  Govern- 
ment should,  during  the  then  session  of  Congress,  make  or 
accept  a  distinct  and  satisfactory  proposition  for  the  immediate 
adjustment  of  the  boundary  question,  it  would  be  the  duty  of 
the  General  Government  to  take  military  possession  of  the 
disputed  territory  ;  and  the  Legislature  did  tliereiu,  in  the  name 
of  a  sovereign  State,  call  upon  the  National  Government  to 
fuKil  its  constitutional  obligation  to  establish  the  line,  which 
ihey  had  acknowledged  to  be  the  true  boundary,  and  toprc'ect 
this  State  in  extending  her  jurisdiction  to  the  utmost  limiti.  o> 
our  territory. 

And  finally,  these  Resolves  declared,  that  this  State  had  a 
right  to  expect  that  the  General  Government  would  extend  to 
this  member  of  the  Union,  by  negotiation  or  by  arms,  the  pro- 
tection of  her  territorial  right-;,  guaranteed  by  the  Federal 
compact  ;  and  thus  to  ^avo  her  from  tho  necessity  of  recurring 
to  those  ultimate  rights  of  self  defence  and  self  protection, 
which  do  not  dcjienil  upon  constitutional  forms  ;  auc  they  con- 
cluded that  should  this  coiilidence  he  disappointed,  in  view  of 
such  a  speedy  crisis,  it  would  become  the  imperative  duty  of 
Maine  to  assutue  the  defence  of  the  State  and  of  National  honor, 
and  to  expel  from  our  limits  the  British  troops  then  quartered 
upon  our  territor)-. 

In  proposing  to  take  an  observation  of  our  exact  position, 
and  in  regard  to  om-  situation,  under  the  terms  and  import  of 
our  Legislative  Resolves,  and  under  all  the  circumstances  in 
which  we  are  necessarily   placed,   at  the   present   period,   the 


n 


NOUTH-EASTERN  BOUNDARY. 


G13 


lul 


of 
of 


of 
in 

liO 


romniittoe  would  remark  that  tlipy  have  been  cuided  by  the 
public  (locunrieiits,  that  have  emanated  from  the  (Jovernments 
of  the  United  States  and  of  this  State,  so  far  as  they  have  ex- 
tended ;  it  so  happenin;;  that  tlicre  has  boon  no  report,  such 
as  was  formerly  usual  from  the  standing  committee  upon  this 
subjt'tt,  for  (ho  last  luo  years.  The  active  duties  in  which 
the  State  l;as  been  ueci'ssariiy  ent^ni!;ed  durinsi  that  interval, 
may  naturally  account  for  the  omission ;  and  the  committee 
may  bo  ])erniiited  to  allude  to  it,  as  an  apology,  if  one  is  to  be 
offered,  for  the  more  extended  r[w<z,c  which  the  present  report 
has  taken,  in  regard  more  parlicuhu'ly  to  the  transactions  and 
events  of  the  last  three  or  four  years,  which  have  been  so 
prec;uant  with  momentous  concerns  and  con5C(|ucnccs. 

The  last  liCgislature,  it  has  been  noticed,  invoked  the  Gen- 
eral (jovcriimeut  for  protection  fiud  for  the  settlement  of  this 
([uestion  shortly  by  negotiation  or  hy  arms  ;  and  unless  a  dis- 
tinct and  satisfactory  proposition  for  the  immediate  adjustment 
of  the  question  should  be  made  or  accepted  by  the  British 
(Jov(!rnment,  during  the  session  of  Congress  which  expired 
last  year,  it  solicited  ihc  (ieneral  (lovernment  to  take  military 
possession  of  the  disputed  territory. 

In  view  of  these  Ucsolv-:'^.  tlie  committee  would  remark, 
first,  that  the  appropriation  madt:.  by  Congress  io  1S39,  making 
extraordinary  provision  for  military  force,  and  for  a  special 
embassy  fo  JCnglaiifl,  had  already  expired,  at  the  passage  of 
the  Resolves.  Instead  of  adopting  this  last  course,  which 
appeared  to  be  recounncnded  bv  Congress,  and  which  might 
liave  been  the  means  of  at  least  preventing  the  long  delays 
reipiired  by  interchanges  across  the  AtlaiUic,  (without  making 
any  remark,  lor  which  there  might  well  be  room,  on  the  in- 
structions to  Mr.  Stevenson,  of  March  G,  lSo9,)  it  seems  that 
the  ordinary  sliig<i,isli  course  of  nea;otiation  was  resumed,  and  it 
was  to  be  carried  on  tli(3ncefor\vard  at  Washington. 

Soon  after  the  close  of  the  session  of  the  Legislature  in  1839, 
and  the  teruiination  of  that  matter,  a  proposition  was  made  by 
the  British  (jovernment  to  our  own  for  establishing  a  commis- 
sion of  exploration  and  survey,  but  one  so  loaded  with  such 
limitations  and  qualificalions,  as  to  cause  its  rejection  by  the 
President  at  once.  Subsetpiently,  in  the  course  of  the  next 
summer,  a  counter  project  was  suhmitted  to  the  British  Gov- 
ernment, which  included  ;t  provision  for  the  certain  and  final 
adjustment  of  the  limits  in  dispute  ;  and  it  was  kept  by  that 
Gfivernment  for  some  time  under  consideration.  Jt  seems  no 
reply  had  been  received  by  the  President  at  theconmiencement 
of   the  session   of   Congress    in   December    (1839.)      In   the 


614 


NORTH-EASTERN  BOUNDARY. 


meantime  the  British  Uovernment  instituted  the  s|)«eiul  com- 
mission, whicii  has  been  referred  to,  for  the  cxpiurutiori  of  I  ho 
territory.  It  appeared  by  a  subsequent  official  cominunicatiuti 
from  Lord  Pahuerston  to  Mr.  Fox,  laid  before  Parliament  in 
June,  1840,  "  that  the  British  Government  then  concurrctl  wiili 
"  tlie  United  States  in  the  opinion,  that  the  next  nn  asme  to  bti 
"  taken  by  the  two  Governments  should  contain,  in  its  dcluiU, 
"  arrangements  which  should  necessarily  lead  to  hoiiio  (Iniil  net* 
"tlement."  At  the  same  time  the  British  Goveniment  tiigiii- 
fied  its  willingness  to  assent  to  the  principle  of  arbitration. 

The  note  from  Mr.  Fox  to  Mr.  Forsyth,  convoying  tliia 
concurrence  and  absent,  dated  June  22d,  1840,  accorclinj;  to 
his  instructions,  purported  to  state  oflicially,  "  that  her  Miijoii* 
"ty's  Government  consent  to  the  two  principles,  wiiich  lorni 
"  the  main  foundation  of  the  American  counier  draft,  namely  ; 
"  first,  that  the  commission  to  be  appointed,  shall  bo  so  cnniili* 
"  tuted,  as  necessarily  to  lead  to  a  final  settlement  of  thu 
"  question  of  boundary  at  issue  between  the  two  contiirit'H  ; 
"  and  secondly,  that  in  order  to  secure  such  a  result,  tho 
"  convention,  by  which  the  commission  is  to  be  creotod,  sliitll 
"  contain  a  provision  for  arbitration  upon  points,  as  to  which 
"  the  British  and  American  commissioners  may  not  bo  able  lo 
"  agree."  But  it  was  further  added,  that  there  were  "  ninny 
"  matters  of  detail  in  the  American  counter  draft,  which  her 
"  Majesty's  Government  cannot  adopt." 

Tlie  last  President's  annual  message,  at  the  opening  of  tho 
hte  session  of  Congress,  announced  the  arrival  of  tho  anxwur 
from  that  Government,  accompanied  by  additional  proposiiioiid 
of  its  own,  some  of  which  were  assented  to,  and  others  not. 
Such  as  were  deemed  correct  in  principle,  and  consistent  with 
a  due  regard  to  the  just  rights  of  the  United  States  and  of  tho 
State  of  Maine,  were  concurred  in  ;  and  the  reasons  for  dis- 
senting from  the  residue,  together  with  an  additional  suggestion 
on  our  part,  communicated  by  the  Secretary  of  State  to  tho 
British  Minister  at  Washington,  through  whom  the  recent  reply 
had  been  received.  The  matter  was  again  referred  by  tliiit 
Minister  to  his  Government  for  its  further  decision,  for  want  of 
instructions  upon  some  of  the  points,  and  that  (jovernment 
having  for  some  time  had  the  subject  under  advisement,  tho 
President  expressed  his  confident  expectation  of  a  speedy  and 
satisfactory  termination. 

That  the  condition,  or  contingency,  required  by  the  Legisla- 
ture of  Maine,  at  the  last  session,  to  the  execution  of  itii 
Resolutions,  has  not  taken  place,  in  terms,  is  quite  obvioiiN. 
How  far  the  State  should  rest  satisfied  with  the  reasons  and 


NORTH-EASTERN  BOUNDARY. 


G15 


circumstances  assigned  for  tlio  delay,  or  is  bound  to  resign  itsell" 
to  this  interminiil)lc  course  ol"  procrastination,  is  not  perhaps 
quite  so  clear.  The  Stale  cannot  forget  its  proper  position  in 
the  Union,  nor  fail  of  the  oblii^ations  it  is  under  to  abide  tho 
high  behests  of  our  supreme  national  councils.  At  tiie  same 
time  it  is  absolutely  impor.i?ibI  to  reconcile  itself  to  this  system 
of  endless  delay,  and  tiiis  continual  claim  upon  the  inexhausti- 
ble contideuce  of  our  (lencrai  (ioverrunent  in  tiie  equal  dispo- 
sition of  both  parties  to  bring  the  subject  to  a  decisive  conclu- 
sion. The  original  pio|)osition  of  our  own  Government 
included  "  a  provision  looking  in  terms  for  a  ccrtdin  and  final 
"  adjustment  of  tho  timilfi  in  dispuley  And  all  that  wo  are 
definitely  led  to  understand,  that  the  British  Government  gives 
its  assent  to,  from  the  language  of  Lord  Palmerston  is,  that  tho 
next  measure  to  be  adopted  should  contain — not  in  its  absolute 
provisions — but  its  details,  arrangements  thnt  should  nece-sarily 
lead  to  some  final  adjustment!  This  prospect  appears  to  the 
committee,  from  the  very  form  of  statement,  to  be  far  from 
promising ;  and  what  is  morn  observable  in  regard  to  the  plan, 
it  seems  to  have  a  reference  to  some  more  or  less  direct  prin- 
ciple of  determination  to  which  the  State  has  already  signified 
its  entire  aversion.  What  may  be  the  efiect  of  the  additional 
stipulation  sent  out,  we  do  not  know;  nor  can  the  committee 
tell  what  is  to  be  the  alternative,  llui  Maine  can  feel  no 
assurance  of  salety  or  successful  progiess  towards  a  conclu- 
sion in  these  vague,  involved,  and  distant  phrases.  Jt  is 
undoubtedly  diflicult  to  say  that  any  course  deliberately  acceded 
to  by  our  own  Government  would  be  likely  to  prove  a  delu- 
sion ;  but  there  is  no  certainty  yet,  nor  any  security  when  the 
subject  will  be  redeemed  from  the  arts  and  con)plications  of 
diplomacy.  The  conunittce  must  say,  they  are  not  sanguine 
as  to  any  prospect  of  a  speedy  or  saiisfactorv  conclusion  to 
the  present  state  of  negotiation.  All  the  propositions  now 
pending,  as  presented  to  their  minds,  appear  to  them  to  bo 
purely  dilatory. 

.  It  is  impossible,  therefore,  your  committee  confess,  to  con- 
sider the  language  of  tlie  last  Kesolves  as  perfectly  satisfied  ;^ 
though,  that  tiie  whole  subject  is  not  placed  in  such  a  condition 
as  in  some  measure  to  elude  the  operation  of  those  Resolutions, 
according  to  their  literal  force  and  nieaning,  is  more  tlian  the 
committee  can  undertake  to  say  ;  and  no  less  so,  perhaps, 
whether  it  is  in  the  power  of  the  .National  Government  to  bring 
the  business  to  a  point,  otherwise  than  by  a  positive  rupture. 
The  fact  may  be,  that  it  is  not  in  our  power  to  relieve  our- 
selves ;  and   that  we  must  suffer  the  mortification  of  having 


.-i- 


(316 


NORTH-EASTERN  BOUNDARY. 


liolden  laiigiiago,  uliicli  \\c  cannot  carry  out  witlioiit  compro- 
mising our  constiliilional  relations.  But  it  is  needless  to  re- 
mark, that  there  is  no  end  lo  this  course  of  diplomacy,  so 
long  as  it  serves  the  purpose  of  delay,  and  to  stave  oil"  a  final 
determination.  The  j)ostponement  is  indeiinite  ;  and  we  can- 
not but  fear  it  will  ever  continue  so,  so  long  as  dreat  Britain 
finds  iicr  advantage  in  keeping  open  a  question,  that  can  never 
be  decided  in  her  favor,  and  in  tlie  mean  time  enjoys  the  value 
of  a  possession  which  she  must  eventually  yield",  or  employs 
herself  to  strengthen  a  position  she  is  not  disposed  to  surrender, 
nor  entitled  to  hold.  From  whatever  cause  the  dillieully  arises 
most,  whether  from  an  aversion  on  her  part  to  come  to  an 
issue,  or  a  reluctance  and  unwillingness  on  that  of  our  own 
Government  to  precipitate  one,  which  can  by  any  means  be 
avoided,  it  is  apparent  that  the  adjournment  of  it  is  e(jually 
detrimental  to  the  rigiits  and  interests  of  Maine.  Your  com- 
mittee would  be  among  the  last  to  undervalue  sincere  and  well 
directed  efibrts  to  bring  about  an  adjustment,  at  once  peaceful 
and  rightful,  of  the  controversy  ;  but  they  have  seen  too  much 
cause  to  be  convinced,  that  such  a  disposition,  however  just 
and  creditable,  may  be  abused. 

The  connnittee  may  perhaps  view  tlicmsclves  called  upon 
to  consider  the  ell'ect  of  the  stij)iilaiions  adojited  in  1839,  under 
the  authority  of  the  ifesolvcs  of  thiit  year,  or  under  the  fmther 
advice  and  sanction  of  IMajor  (lencral  Scott,  acting  under  and 
in  behalf  of  the  (jovernmeni  of  the  I  nited  Slates. 

'J'hcy  may  observe,  that  nothing  was  considered  to  be  done 
by  Maine  under  the  conventional  agreement  entered  into  and 
signed  by  Mr.  Forsyth,  the  Secretary  of  Slate,  and  Mr.  Fox, 
the  British  Minister,  on  the  .^Ttii  of  February,  18t)'.).  Without 
questioning  the  competency  of  the  two  |)arties  to  enter  into 
such  an  arrangement  between  ihemseh  rs,  or  the  propriety  of 
recommending  it  to  the  acceptance  of  the  State  of  Maine,  its 
obligatory  force  was  not  acknowledged  by  (lovcrnor  {''airfield, 
who  observed  in  his  commimication  of  it  to  the  JiCgislature  : 
'•  To  such  an  arrangement  I  tiiist  Maine  \wll  never  consent. 
''  She  has  been  sufiici(;iHlv  trauma  lied  hitherto  in  the  exercise 
"  of  her  ritrlits,  and  will  not  \olunlarily  forge  new  shackles  for 
"  herself." 

The  amhority  of  the  Ciovernor,  as  the  cnmmittee  view  it, 
to  l)ind  the  State  by  his  signature  to  any  |)uhlic  stipulation,  was 
necessarily  limited  by  the  laws  and  Ccjnstitution  of  the  State. 
His  authority  in  this  instance  was  entirely  derived  from  the 
Ifesolves  of  ly.'Jl) :  and  yom-  connnittee  not  only  do  not  un- 
derstand that   lie  did  not   intend  to  exceed  it  ;    but    they   do 


NORTH-EASTERN  BOUNDARY. 


617 


I  II, 
was 

Uitc;. 
tlie 

I  un- 
do 


understand,  that  what  he  did,  he  uitcnded  in  strict  and  faithful 
execution  of  the  immediate  obj.,cts  of  tiiose  Resolves.  Such 
was  his  language  in  reporting  and  communicating  what  he  had 
done,  in  virtue  of  those  Hesolves,  to  tlie  next  Legislature  ;  and 
such  is  the  understanding  of  the  committee  equally  in  regard  to 
the  import  of  the  act  on  his  part,  and  the  character  of  the 
subject.  The  Resolves  have  been  already  recited.  All  the 
information  the  Legislature  have  of  what  was  done  by  Governor 
Fairfield,  under  the  Resolves,  is  contained  in  his  subsequent 
communication  to  the  liegislature  the  following  year ;  and  it  is 
subjoined  to  a  simple  statement  of  having  received  the  written 
assent  of  the  Lieutenant  Governor  of  Sew  Brunswick  to  ihe 
following  proposition  made  to  him  by  Major  General  Scott:  to 
wit,  "  that  it  is  not  the  intention  of  the  Lieutenant  Governor  of 
"  her  Britannic  Majesty's  Province  of  New  Brunswick,  under 
"  the  expected  renewal  of  negotiations  between  the  cabinets  of 
"  London  and  Washington,  on  the  subject  of  the  said  disputed 
"  territory,  without  renewed  instructions  to  that  effect  from  his 
"  Government,  to  seek  to  take  military  possession  of  that  tcr- 
"  ritory,  or  to  seek  by  military  force  to  expel  the  armed  civil 
"  posse  or  the  troops  of  Maine."  The  residue  of  the  corres- 
pondence iias  not  been,  that  your  conuuittee  are  aware,  com- 
municated to  the  Legislature. 

The  stipulation,  therefore,  entered  into  by  Governor  Fair- 
field, under  the  invitation  and  sanction  of  General  Scott,  is,  as 
your  committee  understand,  perfectly  fulfilled  ;  and  the  Resolve 
of  1839  is  therefore  executetl,  and  has  been  faithfully  observed. 
The  mission  of  General  Scott  to  Maine  was  accomplished  ; 
and  Governor  Fairfield,  having  recalled  the  military,  professed 
his  willingness  not,  without  renewed  instructions  from  the 
Legislature,  to  re-occupy  the  field  of  dispute  in  the  like  man- 
ner. Here  the  immediate  controversy  subsided.  Governor 
Fairfield  may  be  deemed  to  have  endorsed  the  agreement  made 
for  him  by  Genera!  Scott ;  who  thereby  undertook  to  guarantee, 
so  far  as  he  was  capable,  to  the  State  of  Maine,  the  counter 
security  of  the  territory  against  the  military  operations  of  Sir 
John  Harvey. 

Such  was  the  posture  of  Governor  Fairfield,  and  the  situa- 
tion of  Maine,  in  relation  to  the  subject,  touching  the  matter 
of  arrangement.  Soon  afterwards,  it  would  seem,  that  Sir 
John  Harvey  was  divested  of  all  further  authority  over  the 
subject  ;  and  any  power  of  a  military  kind  in  that  quarter  ap- 
peared to  bo  transferred  from  him  to  tlie  Government  of  Lower 
Canada.  It  may  be  noticed  as  a  circumstance,  that  this  silent 
operation,  or  transmutation,   look  place  about   the  same  time 

42 


618  NORTH-EASTERN  BOUNDARY. 

that  ihe  British  commission  of  exploration  was  closing  its 
business,  and  sliifting  the  highland  description,  which  formed 
the  southern  boundary  of  Qnehoc  or  Canada,  to  the  hypothet- 
ical maximum  axis  of  elevation  south  of  the  St.  .Tohn.  It  is 
not  understood,  however,  that  any  corresponding  change  took 
place  in  regard  to  the  usurping  civil  antliorities  at  Madawaska. 
This  alieratiou  first  disclosed  ilscif,  in  that  quarter,  hy  the 
movement  of  military  force  from  (he  side  of  Lower  Canada  to 
certain  stations  within  the  disputed  territory  ;  and  in  reply  to  a 
letter  of  inquiry  from  Governor  Fairfield  into  the  meaning  of 
so  apparent  and  palpable  an  infringement  of  the  arrangement 
entered  into  under  the  mediation  of  General  Scott,  Sir  John 
Harvey  could  only  answer,  as  before,  that  these  movements 
were  made  under  an  authority  superior  to  his  own.  It  was 
added,  that  they  were  meant  for  the  protection  of  certain  build- 
ings which  had  been  constructed  for  the  better  accommodation 
of  her  Majesty's  troops,  on  their  march  between  the  Lower 
and  Upper  Provinces,  and  of  the  provisions,  stores,  and  other 
public  property  therein  deposited  ;  and  it  was  further  subjoined 
by  Sir  John  Harvey,  that  he  should  communicate  a  copy  of 
the  letter  to  the  authorities  in  Canada,  who,  he  was  assured, 
would  be  as  scrupulously  desirous  that  the  spirit,  as  well  as  the 
letter,  of  the  agreement  entered  into,  should  be  observed  on 
their  part,  as  he  himself  was.  The  remonstrance,  however, 
produced  no  riuther  etl'ect ;  and  this  last  December,  upon  the 
occasion  of  a  new  detachment  of  troops  having  arrived  at  the 
Madawaska  settlement,  Sir  John  Harvey  deemed  it  consistent 
with  the  sincerity  which  had  always  marked  his  intercourse 
with  the  authorities  of  Maine,  to  apprise  Governor  Fairfield  of 
the  fact,  and  that  the  movement  was  made  by  the  orders  of  the 
Governor  General  of  those  Provinces.  It  was  evident  that 
this  movement  was  unadvised  by  Sir  John  Harvey,  who  could 
only  apologize  or  account  for  it  by  reference  to  the  complaints 
of  certain  civil  authorities  at  that  settlement,  (one  of  them  a 
supposed  magistrate,  and  the  other  the  pretended  "  Warden  of 
the  Disputed  Territory,")  which  it  had  no  other  object  than  to 
support.  And  Sir  .foiin  Harvey  did  not  hesitate  to  express  to 
the  Governor  General  his  persuasion,  that  the  movement  for 
this  purpose  was  needless,  and  that  a  corresponding  armed  civil 
posse  to  that  of  Maine  would  be  quite  adeciuate  to  prevent  any 
unauthorized  interference  with  the  inhabitants  or  authorities  of 
the  Madawaska  settlements. 

The  committee  would  take  leave  to  observe,  that  they  know 
of  no  settlements  bearing  that  name  but  the  original  and  proper 
seitlonient  of  Madawaska.     That  is  a  spot,  or  settlement,  with 


K* 


r  ■ 


i 


NORTH-EASTERN  BOUNDARY. 


619 


I 


which  the  civil  authorities  of  Maine  have  not  interfered,  sincf 
those  who  undertook  to  act  under  a  law  of  the  State,  in  organ- 
izing the  place  in  1832,  were  seized,  imprisoned,  and  punished 
at  Fredericton  for  the  oflence,  excepting  the  like  seizure  ani^ 
impribonnient  of  Greely  for  taking  the  census  in  1837.  Aa 
to  what  is  supposed  to  have  occurred  at  Fish  river,  it  is  stated 
as  havii'g  been  represented  to  Governor  Fairfield,  that  it  took 
place  when  certaui  of  the  citizens  of  this  State  were  assembled 
at  the  Fish  llivcr  settlement  to  give  in  their  votes  at  the  recent 
election  for  President  and  Vice  President,  under  a  late  law  of 
this  State  authorizing  it.  The  territory  contiguous  to  the 
mouth  of  Fish  river,  on  both  sides  of  the  St.  John,  is  not 
considered,  in  any  proper  sense,  as  included  in  the  Madawaska 
settlement ;  which  is  confined  to  the  immediate  vicinity  of  that 
river,  and  does  not  extend  up  even  to  the  mouth  of  the  Meri* 
umpticook.  To  the  original  and  proper  limit  of  the  old  iNIada- 
waska  settlement  the  adverse  local  possession  ought,  in  th9 
opinion  of  your  committee,  to  be  reduced ;  and  it  ought  to  be 
restored  and  confined  strictly,  to  its  former  civil  character. 

To  return,  however ;  the  committee  would  not  fail  to  treat 
the  species  of  arrangement  in  question,  under  whatever  authority 
it  was  entered  into,  with  all  the  respect  to  which  it  is  entitled, 
and  to  render  it  all  proper  regard  and  observance.  Having 
punctually  complied  with  any  obligation,  that  might  be  deemed 
to  be  entered  into  on  the  part  of  Maine,  it  is  of  no  consequence 
as  to  the  origin  of  tlie  agency ;  which  is  of  no  further  impor- 
tance, than  that  the  Slate  should  stand  clear  of  any  reproach 
upon  her  good  faith  and  allegiance.  It  cannot  be  pretended, 
that  there  has  been  any  failure  upo.i  her  part  to  fulfil  any  duty 
that  may  have  been  imposed  upon  her,  in  whatever  way  or 
manner  she  may  have  been  committed.  The  imputation  cast 
upon  her,  at  one  time,  to  say  the  least,  without  sufficient  cause 
and  consideration,  of  any  intention  to  breakthrough  the  engage- 
ments she  was  placed  under,  has  been  repelled  with  no  less 
force  than  truth.  But  it  is  obvious,  that  any  obligation  of  this 
nature,  to  be  ellectual,  must  be  mutual.  It  is  plain,  that  it 
cannot  be  violated  on  one  side  at  will,  and  preserve  all  its  bind- 
ing force  upon  the  other.  The  committee  are  not  called  to 
make  any  complaint  of  any  breach  of  agreement  between  the 
authorities  of  this  SiiI'-  and  of  New  Brunswick  upon  the  sub- 
ject. They  much  doubt,  as  they  have  already  signified,  the 
competency  of  any  arrangement  between  the  State  and  a  for- 
eign Province,  without  a  constitutional  sanction  which  has  not 
yet  been  asked  ;  and  they  should  hesitate  no  less  upon  the 
propriety  and  expediency  of  any   convention  or  co-operatioo 


, 


1 1 


II 


620  NORTH-EASTERN  BOUNDARY. 

between  two  opposite  governments,  or  communities,  situated 
and  related  as  these  arc,  for  purposes  which  this  State,  as  they 
conceive,  ought  either  to  take  upon  herself,  or  to  be  entitled 
to  call  upon  the  General  Government  to  perform,  or  to  pro- 
vide, for  her.  As  to  the  policy,  as  well  as  the  principle,  of 
any  dilferent  course  that  has  been  proposed  to  her,  the  com- 
mittee can  have  no  doubt  at  all.  If  nny  compact  exists,  or 
any  is  violated,  in  whatever  form  it,  has  been  made,  it  must  be 
one  between  the  Governments  of  Great  Britain  and  the  United 
States  ;  and  such,  as  it  is  the  province  of  the  latter,  and  not 
that  of  this  State,  to  see  to  tlie  effect  of,  and  look  after  its  ob- 
servance. We  do  not  hold  ourselves  entitled  to  call  upon  a 
foreign  government  for  its  perforniance.  Our  relations  are 
prop(  rly  with  the  Government  of  the  T'nited  States,  upon  a 
subject  of  this  kind,  only.  It  is  their  agreements  and  stipula- 
tions in  regard  to  our  security,  upon  which  we  must  be  under- 
stood to  rely  ;  and  wc  cannot  be  deemed  to  have  given  our 
consent  to  any  provisionary  arrangement,  except  under  the 
sanction  of  our  oun  Government,  and  its  guaranty  of  our  own 
safety.  In  short,  it  must  he  the  essence  of  any  agreement 
entered  into  by  us,  that  it  should  be  with,  and  through,  the 
Government  of  the  United  States  ;  although  we  may  well  view 
and  hold  ourselves  as  bound  to  fulfd  any  proper  stipulations, 
that  the  Government  has  actually  made  upon  our  behalf  by  its 
own  ollicers,  and  wiili  the  consent  of  our  Executive  agents 
and  Legislative  authorities. 

The  committee  consider  it  to  have  been  well  observed,  by 
the  Governor  in  bis  official  communication  to  both  branches  of 
the  Legislature,  on  commencing  the  duties  of  his  office,  that 
"  whatever  arrangements  have  been  assented  to,  in  regard  to 
*' the  jurisdiction  of  difi'erent  portions  of  the  territory,  pending 
"  negotiations,  must  be  regarded  merely  as  temporary  in  their 
"nature;"  as  well  as  "under  a  jirotest  always  that  we  relin- 
"  quish  no  claim,  and  no  right,  to  the  absolute  and  tmdisputed 
"ownership  and  jurisdiction  of  every  inch  of  our  State."  It 
is  a  matter,  which  must  force  itself  upon  the  mind  of  every 
reflecting  friend  of  the  peace  of  tiie  two  countries,  as  it  has 
done,  that  these  sub-arrangements,  or  understandings,  are  of 
too  slight  and  prer.'.ious  a  (exture  to  permit  the  trancpiillity  of 
these  neighboring  couimimiiies  to  rest  upon  them. 

The  arrangement  understood  to  bo  asst..'ed  to  on  the  part 
of  Maine  in  1839,  by  which,  on  condition  that  Maine  should 
remam  in  undisturbed  possession  of  the  rest  of  the  territory,  it 
was  stipulated,  that  we  should  not  attempt  to  disturb  by  arms 
the  Province  of  New  Brunswick  in  its  proper  Madawaska  pos- 


3 


A 


'         I 


J    1. 


NORTH-EASTERN  BOUNDARY. 


621 


or 


session,  was  only  acquiesced  in,  as  the  Governor  further  re- 
marks, in  his  communication,  "by  the  people,  on  the  ground 
and  the  belief  that  immediate  and  determined  efforts  were  to 
be,  in  good  faiih,  adopted  by  both  General  Governments,  to 
bring  the  matter  to  a  speedy,  just,  and  final  determination. 
Indulging  surli  hopes,"  the  Governor  also  adds,  "  Maine  has 
certainly  yielded  much  in  the  matter  of  temporary  arrange- 
ments, iuHuenced  by  the  wish  to  preserve  the  peace  of  the 
country,  and  to  remove  all  obstacles  to  the  progress  of  nego- 
tiations. Viut  she  has  a  right  to  ask,"  (he  subjoins,  with  no 
undue  emphasis,)  "  when  she  yields  so  much,  that  her  motives 
should  be  appreciated,  and  her  cause  become  the  cause  of  the 
whole  country,  and  be  pressed  with  vigor  and  energy  to  a  final 
settlement." 

Eurnest  and  strong  as  is  the  desire  of  this  discreet  and  de- 
termined community  to  remain  at  peace  with  her  neighbors  on 
this  Continent,'  still  she  can  no  longer  give  any  consent  to  the 
exercise  of  provincial  authority  out  of  the  })roper  orbit  of 
IMadawaska.  Neither  can  this  State  enter  into  any  temporary 
partition  of  its  own  power  with  a  foreign  province,  or  agree  to 
the  exercise  of  any  equal,  divided,  or  concurrent  authority, 
either  with  New  Brunswick  or  Canada,  over  any  other  part  of 
her  own  exclusive  territory.  Still  less,  if  it  be  possible,  can 
she  endure  to  see  the  portion  of  which  the  Provincial  Govern- 
ment, whether  above  or  below,  still  claim  to  be  in  possession, 
(and  the  only  portion  to  which  it  ever  had  any  shadow  of  pre- 
tence,) converted  into  a  military  depot,  as  avowed  by  Sir  John 
Harvey  to  Governor  Fairfield,  in  the  first  place,  by  the  erec- 
tion of  barracks,  and  the  collection  of  stores,  provisions,  and 
other  munitions  of  a  hostile  character,  under  the  name  of  pub- 
lic property,  for  establishing  a  cordon  of  military  communica- 
tion between  the  upper  and  the  lower  British  Provinces.  This 
is  bringing  upon  us  in  time  of  peace,  (to  us  the  most  profound, 
unless  we  are  aroused,  or  awaken,)  all  the  forms  of  almost  un- 
masked war.  It  realizes,  in  advance  of  the  result  of  any  arbi- 
trnry  process  for  the  division  of  our  disputed  territory  with 
Great  liritain,  the  dangerous  character  of  this  decided  military 
demonstration  within  our  limits.  It  advises  and  admonishes  us, 
moreover,  of  the  rather  too  obvious  and  undisguised  meaning 
of  a  noticeable  and  striking  passage  in  the  letter  of  the  Biitislj 
Minister,  INfr.  Fox,  to  Mr.  Forsyth,  dated  Nov.  2,  1839,  in 
whi(  I:  he  remarks  that  "  whatever  shall  be  the  line  of  boun- 
dary between  Her  INInjesty's  possessions  and  the  republic  of 
the  United  States,  definitely  recognized  and  decided  upon  by 
the  two  governments,  either  through  the  altainmenl  of  the  true 


II 


11^ 


if 


lit 


l! 


(J22  NORTH-EASTEKN  BOUNDAIIY. 

line  of  the  treaty  of  17S3,  or  through  the  adoption  of  a  con* 
vemional  hue,  Her  IMajesty's  (Government  will  have  to  rely 
upon  the  Federal  Government  of  the  United  States  to  assist 
and  carry  out  the  decision,  whatever  may  be  the  views  and 
pretensions  of  the  inhabitunls  of  the  Stale  of  Maine  notwith- 
standing." 

Your  committee  may  here  remark,  that  when  these  facts,  in 
regard  to  the  stationing  of  regidar  military  forces  by  the  British 
provincial  authorities  upon  lake  Teniiscouata,  and  of  their 
building  barracks,  as  represented,  at  the  confluence  of  tha 
Madavvaska  river  with  the  St.  John,  were  brought  to  the  direct 
knowledge  of  the  National  Government,  th';y  were  pronounced 
by  the  President  to  be  a  flagrant  contravention  of  the  existing 
understanding  between  the  parlies  ;  and  those  authorities  were 
distinctly  and  emphatically  admonished,  through  their  regular 
Minister,  of  the  obvious  inexpediency  and  imprudence  of  such 
proceedings,  and  of  the  eflect  likely  to  arise  from  persistence 
in  them. 

The  only  explanation  produced  by  this  expressive  remon- 
strance was  conveyed  in  the  shape  of  a  letter  from  Mr.  Fox  to 
Mr.  Forsyth,  of  January  24lli,  1S40,  to  the  efiect  that  the 
movement  complained  of  was  nothing  new,  and  that  it  was  only 
a  change  of  force  to  keep  up  the  station  at  the  Teniiscouata 
post,  as  it  always  had  been,  "for  the  necessary  purpose  of 
"  protecting  tlie  stores  and  accommodations  provided  for  the 
"use  of  Her  Majesty's  troops,  who  may  be  required,  as  here- 
"tofore,  to  march  by  that  route  to  and  from  the  Provinces  of 
"Canada  and  New  Brunswick."  It  was  not  admitted  (hat  any 
new  barracks  had  been  built,  or  were  building  by  the  British 
authorities  on  both  sides  of  the  St.  John,  or  at  the  mouth  of 
the  Madawaska  river,  or  in  fact  anywhere ;  and  it  was  declared 
that  no  intention  existed  on  the  part  of  those  authorities  to 
infringe  the  terms  of  the  provisional  agreements,  that  had  been 
entered  into  the  year  before,  so  long  as  there  was  reason  to 
trust  that  the  same  would  be  faithfully  adhered  to  by  the  oppo- 
site party.  But  it  was  at  the  same  time  plainly  avowed,  that 
Her  Majesty's  authorities  in  Norlh  America,  observing  the 
attitude  assumed  by  the  State  of  Maine  with  reference  to  the 
boundary  question,  would,  as  then  advised,  be  governed  en- 
tirely by  circmnstanres,  in  ado])ling  such  measures  of  defence 
and  protection,  whether  along  the  confines  oj  the  disputed  ter- 
ritory^ or  within  that  portion  of  it  where  the  authority  of  Great 
liritain,  according  to  its  own  explanation  of  the  existing  agree- 
meats,  was  not  to  be  interfered  tcith,  as  might  seem  to  them 
necessary   for  guarding  against  or  for   promptly  repelling  the 


il. 


NORTH-EASTERN  BOUNDARY. 


623 


further  acts  of  what  was  termed  hostile  aggression,  which  it 
appeared  to  be  tlie  avowed  design  of  the  State  of  Maine, 
sooner  or  later,  to  attempt.  Her  Majesty's  authorities  in  North 
America,  it  was  averred,  had  no  intention  on  their  part  to  in- 
terfere with  the  course  of  pending  negotiation,  by  the  exercise 
of  military  force;  but  that  liiey  should,  as  then  at  present  ad- 
vised, "consult  llieir  own  discretion  in  adopting  the  measures 
"of  defence,  that  might  be  rendered  nccessavy  by  iho  threats 
"of  a  violent  interruption  to  the  negotiation,  which  had  been 
"  used  by  all  parties  in  Maine,  confirmed,  it  was  alleged,  by 
"the  language  employed  by  the  highest  official  authority  (allud- 
"ing  to  the  recent  message  and  correspondence  of  the  (Jovern- 
"or)  in  that  State." 

The  official  reply  to  this  plain  note  professed  to  express  the 
satisfaction  of  the  President,  that  no  actual  change  was  under- 
stood to  have  taken  place  in  the  attitude  of  Her  Majesty's  au- 
thorities in  the  territory,  since  the  date  of  the  arrangements 
entered  into  ;  and  that  there  was  no  intention  to  infringe  them 
on  their  part,  so  long  as  their  terms  were  faithfully  observed 
on  the  side  of  the  L'nited  States.  It  signified,  however,  much 
regret,  that  the  British  colonial  authorities  should,  without 
graver  motives  than  a  mere  possibility  of  a  departure  from 
those  arrangements  by  the  State  of  Maine,  thus  take  upon 
themselves  the  fearful  responsibility  of  being  guided  by  circum- 
stances, susceptible  as  those  were  of  misapprehension  and  mis- 
conception, in  regard  to  measures  of  piecaution  and  defence, 
under  this  exercise  of  discrclion,  against  imagined  acts  of  med- 
itated aggression  on  the  j)arl  of  Maine.  And  the  hope  was 
further  expressed,  with  how  little  effect  we  have  witnessed, 
that  when  the  British  Government  at  home  should  be  apprised 
of  the  position  assumed  in  this  respect  by  its  colonial  agents 
here,  proper  steps  would  be  taken  to  place  the  performance  of 
express  and  solemn  agreements,  in  effect,  upon  a  more  securs 
nnd  solid  basis  than  such  a  precarious  sort  of  contingent  colo- 
nial discretion. 

It  could  scarcely  have  escaped  notice  in  regard  to  the  char- 
acter of  this  correspondence,  that  a  change  had  occurred  in 
the  style,  if  not  in  the  attitude,  of  the  British  Provincial  au- 
thorities in  America.  Your  committee,  however,  are  not 
aware,  wiiethcr  the  attention  of  the  Federal  Government  was 
immediately  drawn  *o  the  circumstance,  that  these  forces 
seemed  to  l)ave  been  detached  and  stationed  there  under  the 
positive  orders  of  the  new  Governor  General  of  the  British 
Provinces  ;  nor  are  they  apprised  of  the  precise  bearing  which 
this  circumstance  might  be  considered  to  have,  in  the  view  of 


624  NORTH-EASTERN  BOUNDARY. 

the  National  Government,  upon  the  character  of  the  arrange- 
ments, deenied  to  have  been  subscribed  to  by  the  authorities 
of  Maine  and  New  Brunswick,  under  its  own  high  auspices. 
It  has  becouie  apparent,  at  least  since  then,  that  the  authority 
of  the  Lieutenant  Governor  of  iNew  Brunswick  is  rendered 
subordinate  in  tliis  respect  to  that  of  the  Governor  General  of 
Her  Britannic  Majesty's  dominions;  that  there  has  been  some 
new  partition,  or  subdivision,  by  which,  while  the  civil  authority 
to  be  exercised  in  that  region  still  resides  in  the  Government 
of  New  Brunswick,  the  military  power  by  which  this  State 
was  menaced  is  transferred  into  other  and  higher  hands  ;  and 
all  that  Sir  John  Harvey  can  say,  when  he  is  apprised  of  our 
remonstrances  and  complaints  is,  that  we  must  appeal  to  his 
superiors. 

It  may  be  recollected,  that  inquiry  was  made  soon  afterward 
by  the  Senate  of  the  ['nited  Slates,  at  its  session  a  year  ago, 
whether  any  measures  had  been  taken  under  the  act  of  Congress 
of  March  3d,  1S39,  or  otherwise,  to  cause  the  removal  or 
expulsion,  of  the  British  troops  which  had  taken  possession  of 
this  portion  of  the  territory  of  Maine,  or  whether  any  military 
posts  had  been  established  in  Maine,  or  any  other  measures  of 
a  military  nature  adopted  preparatory  to  a  just  vindication  of 
the  honor  and  the  rights  of  the  nation  and  of  Maine.  Tlio 
reply  to  this  inquiry  from  the  Secretary  of  War,  through  the 
President  was,  that  the  circumstance  of  the  occupation  of  the 
territory  by  British  troops  had  been  but  recently  communicated  ; 
and  having  been  made  a  subject  of  remonstrance  and  so  become 
a  matter  of  discussion  between  the  two  governments,  no  meas- 
ures had  been  taken  of  the  character  referred  to  under  the  act 
of  Congress  or  otherwise.  To  the  residue  of  the  inruiry  it 
was  answered,  that  no  contingency  contemplated  by  the  act  of 
1839  having  occurred,  no  military  measures  had  been  thought 
necessary ;  repeating  what  had  been  previously  stated  by  the 
President  in  his  annual  message  to  Congress.  The  Secretary 
further  slated,  that  a  military  reconnoisance  had  been  made  in 
1838  of  the  uprlisputed  boundary  of  Maine,  of  which  the  result 
had  been  transmitted  to  the  Senate  the  following  session ;  but 
that  there  being  no  appropriation  made,  no  fortifications  were 
commenced.  It  will  be  understood,  that  the  other  appropria- 
tions have  expired. 

From  the  parting  communication  made  by  our  late  Chief 
Magistrate,  at  the  commencement  of  the  present  session,  the 
Legislature  is  informed,  that  Maine  is  again  subject  to  the  mor- 
tification of  having  fresh  troops  quartered  upon  her  territory. 
The  causes  alleged  for  this  renewed  outrage,  and  the  circura- 


^ 


1 

tl 

1 

li 

e 

•r.t 

■ji 

SI 

cc 

IIJ 

NORTH-EASTERN  BOUNDARY. 


625 


irrange- 
ihoriiies 
aspices. 
utliority 
endered 
jiieral  of 
eii  some 
miiliority 
,'Cininent 
liis  State 
[ids;  and 
;d  of  our 
eal  to  his 

afterward 
year  ago, 
Congress 
emoval  or 
;scssion  ot 
ly  military 
leasures  of 
dication  of 
ne.     The 
[uough  the 
lion  of  the 
iiunicated ; 
so  become 
p  no  meas- 
der  the  act 
e  inouiry  it 
^  the  act  of 
een  thought 
ated  by  the 
e  Secretary 
icn  made  in 
h  the  result 
ession ;  but 
alions  were 
r  appropria- 

late  Chiel 

session,  the 

to  the  mor- 

icr  territory. 

the  circum- 


stances by  which  it  is  attempted  to  be  palliated  in  the  letter  of 
Sir  John  Harvey,  arc  so  trivial,  as  justly  observed  by  Governor 
Fairfiuld  to  hardly  afibrd  a  decent  pretext  for  thus  adding  an- 
other to  the  catalogue  of  wrongs  and  injurie-  .lich  the  people 
of  tliis  Slate  liave  so  long  l)een  coni])elle(l  to  endure  at  the 
hands  of  ihe  British  Government.  So  sensible  was  Sir  John 
Harvey  himself,  we  may  remark,  of  the  slenderness  of  this 
pretence,  and  of  the  superfluousness  of  this  further  force, 
that  in  conveying  this  information,  as  he  claimed  to  do  with  his 
accustomed  frankness,  of  the  recent  arrival  of  a  new  detach- 
ment of  Her  Majesty's  troops  at  Madawaska,  he  a\  owed  he 
had  not  hesitated  lo  give  his  opinion  at  once  to  the  Governor 
General  that  it  was  unnecessary,  and  that  he  had  no  doubt  that 
the  Governor  General,  on  this  suggestion,  would  forthwith  give 
flirections  for  wilhdrawing  the  troops.  This  communication 
came  dated  December  10th  last  ;  and  the  same,  together  with 
the  Governor's  reply,  requesting  furJier  information  upon  the 
subject,  were  transmitted  fo  the  President  within  a  few  days 
after  ;  and  the  former  expressed  his  full  reliance,  that  if  the 
suggestion  of  Sir  John  Harvey  lo  the  Governor  General  should 
prove  nnavailinu;,  the  Executive  Government  of  the  United 
States  would  forthwith  take  measures  for  the  withdrawal  or 
expulsion  of  these  troops  from  our  territory.  Since  this  last 
period,  the  Legislature  has  received  no  olficial  information  from 
any  source.  Moiliing  has  reached  us  but  rumors  froin  the  ad- 
jacent provinces,  that  the  military  position  in  question  was  in- 
tended lo  be  maintained  ;  and  there  has  nothing  yet  come 
from  any  quarter  lo  tranquilize  and  assure  us  further. 

The  committee  have  gone  into  these  details  more  fully,  in 
order  to  place  the  subject  in  all  its  extent  before  the  Legisla- 
ture, for  their  consideration  at  its  present  session.  The  Re- 
solves passed  the  last  day  of  the  session,  March  23d,  1839, 
pledged  the  power  of  the  State  to  the  protection  of  its  territory 
up  lo  its  extrcmest  limits,  and  asserted  the  right  of  exclusive 
jurisdiction  over  the  whole  extent  of  it.  And  they  denied  the 
elUcacy  of  any  agreement  entered  inlo  by  the  Govenuiient  of 
the  Tiiion  lo  iuq)air  her  prerogative  to  be  the  sole  judge  of 
the  lime  and  mniiner  of  enforcing  that  right.  The  Stats  had, 
however,  the  giiaranlep  of  ihe  (leneral  Government  at  that 
time,  tliat  if  it  would  wiihdiaw  her  military  force  from  the 
frontier,  the  adverse  military  power,  with  which  it  was  threat- 
ened, should  innncdiately  be  caused  to  cease  upon  the  other 
side.  This  guarantee  the  State  afterwards  accepted  ;  and  in 
consequence  of  this  and  of  the  agreement  to  that  effect  entered 
into  by  the  Lieutenant  Governor  of  New  Brunswick,  Maine 
43 


#1 


m 


{■  if 


626  NORTH-EASTERN  BOUNDARY. 

did  promptly  and  unhesitatingly  withdraw  her  advanced  military 
force.     That  pledge  has  not  been  performed  ;  or  if  apparently 
so  for  a  brief  period,  it  has  not  been  fulfilled  ;  but  it  has  been 
openly  and  deliberately  violated.     W<;  may  have   been  slow  in 
coming  to  this  conviction  ;  but  the  fact  cannot  be   concealed, 
and  is  hardly  attempted  to  be  disguised.     As   the  matter  now 
stands,  the  State  is  without  any  barrier,   or  boundary,   against 
the  Provinces  of  Great  Britain,  not  even  where  the  north  lino 
crosses  the  St.  John.     Barracks  have  been  erected  above  that 
point ;  boats  have  been  built  upon  the   lake  ;  troops  stationed 
at  different  posts,  stores,  and  munitions  of  war  collected,  con- 
stituting an  actual  military  and  naval  armauient ;  which  is  at  this 
moment  established  upon  the  shores  and  waters  of  the  Mada- 
waska  region,   contrary  to  all  the   stipulations   and  mutual   en- 
gagements of  the  two  Governments.     And  Maine  is  comjielled 
lo  forget,  if  she  can,  that  all  this  is  done  within  a  precinct  spe- 
cially incorporated  by  an  Act  of  her  Legislature,  the  validity  of 
which  is  also  recognized  and  co'lirmed  by  an  Act  of  Congress. 
It  may  properly   be  avowed,  that  Maine  may  still   consider 
herself  to  stand  pledged  for  llie  present,  by  the  course  that  has 
been  pursued  by  her  authoriiies  uiidcr  the  sanction  of  tli(3  Gen- 
eral Government,  not  to  disturb  by  any  active   proceedings   of 
hers  the  British  Provincial,   that  is  to  say,   local   possession  at 
Madawaska ;  while,  at  the  same  time,   she  must  he  allowed  to 
extend  her  civil   power,    for    the   protection  of  lior    territory 
against  devastation,   wiihoiit  any  lin.'tation   as  to  the  sphere  of 
its  operation,  within  the  bounds   of  the   treaty  of  1763  ;  but 
that  to  suffer  a  military  occupation  of  any   portion  of  it   is  in- 
compatible with  her  existence  and  character  as  un  independent 
Stale.      She  may  well  submit   to  the   moral   and  self-imposed 
restraint  of  forbearing  to  exercise  her  given   faculties,   and  to 
exert  her  lawful  rights  up  to  tlicir  full  extent ;  but  she  cannot, 
with  the  same  comfort  or  CvJi;siaency,  yield  a  silent  and  unre- 
sisting   submission    to  the    operation,    until   it  becomes    over- 
whelming, of  absolute  supei  ior  force.      Slie  may  .iccovd  a  loyal 
and  becoming  obedience  to  the  graver  authority  of  the  Union  ; 
hut  she  cannot,   without  extreme,    unmitigated   pain,    see   any 
part  of  her  soil   subtracted   and   reduced   lo   exterior  colonial 
subjection  ;  nor  can  she  bear   to  have   a  foreign  military  force 
planted  upon  her  with  any  more  patience  than  our  fathers  could 
endure    the    same    sjiecies    ol     intolerablo    oppression.      She 
acknowledges  faithfully  her  obligatii;ns   lu  the    Union,    and  that 
she  is  bound  to  consult  the  feelings  and  opinions  of  the  country, 
and  to  make  no  further  movement,  moreover,  without  invoking 
its  aid,  or  asking  its  authority.     But  this  is  the  point,  at  which 


■t 

'^ 


4 


NORTH-EASTERN  BOUNDARY. 

she  iinpvoidably  stnnds,  and  her  fidelity  entitles  her  to  its  con* 
fidonce,  and  licr  necessity  to  its  constitutional  support. 

Now  all  tliis,  it  may  be  admitted,  might  be  tolerated,  per- 
haps, by  the  Union,  (or  the  sake  of  tranquillity,  if  it  was  not 
j)regiKuit  wiiii  swell  real  danger,  and  did  not  involve  so  much 
evil,  in  ilio  way  of  Injury  and  sacrifice,  to  the  prospects  and 
peace  of  Maine.  Winter,  which  shuts  up  the  St.  Laurence, 
and  pours  hosts  of  trespassers  and  marauders  into  our  woods 
and  forests,  closes  down  upon  us  with  an  increased  pressure 
from  the  military  power  of  (jreat  Britain.  Between  the  Gov- 
ernment of  C.'aiiada  above,  and  that  of  iVew  Brunswick  below, 
Wd  are  pressed,  as  between  the  upper  and  the  nether  millstone. 
We  are  thus  obviously  exposed  to  a  doubly  increased  damage 
from  our  open  and  unguarded  situation  upon  the  borders  of 
these  difl'erent  dependencies  upon  a  distant  foreign  government; 
so  far  oft',  and  thus  situated  in  regard  to  us,  that  "  oceans  roll 
nnd  seasons  pass  between  the  order  and  the  execution";  or 
possibly  the  advice  and  recal.  Our  territory  is  now  more  than 
made  a  complete  thoroughfare  for  the  passage  of  British  troops; 
while  we  have  even  no  projects  of  national  fortifications  to  pro- 
tect us  any  liirther  than  Houlion,  nearer  than  at  the  Forks  of 
the  Kennebec,  or  the  mouth  of  the  Matlawamkeag. 

Even  the  Military  Road,  which  was  authorized  by  Congress, 
so  long  ago  as  1828,  to  bo  laid  out  to  the  mouth  of  the  Mada- 
waska  river,  in  virtue  i  f  what  the  succeeding  President,  Gen. 
.lackson,  declared  to  be  an  unquestionable  right,  the  exercise 
of  which  the  American  Government  would  not  allow  to  be 
restrained  by  the  protest  of  the  Lieutenant  Governor  of  New 
Brunswick,  but  only  to  be  posfponed  for  the  time  being — as 
expressed  by  the  then  Secretary  of  State,  Mr.  Van  Buren,  to 
the  British  Minister,  as  a  proof  of  forbearance,  intended  in  an 
amicable  spirit  of  conciliation — has  so  continued  ever  since, 
a;id,  it  would  almost  seem  to  be,  indefinitely.  The  appropri- 
tions  of  1 830  and  19o9,  by  Congress,  were  suffered  to  expire; 
bit  this  authority  has  only  been  suspended  ;  and  it  is  for  the 
Kxecutive  Government  to  determine,  whether  the  period  has 
not  arrived  at  whicli  the  execution  of  it  ought  to  be  resumed. 
The  present  condition  of  the  State  of  Maine  certainly  de- 
mands it. 

'J'iic  coinmitlee  are  here  induced  to  omit  much  they  might 
otiierwise  be  disposed  to  say  on  this  subject,  and  in  relation  to 
all  its  immediate  and  future  bearings  upon  the  public  peace  and 
welfare  ;  and  whicii  they  are  constrained  to  do,  as  well  in  con- 
sequence of  the  length  to  which  their  remarks  have  already 
been  extended,  as  from  considerations  of  a  serious  kind  which 


627 


1 

i 


I 


r.i 


i     ;i 


628  NORTH-EASTERN  DOUNDARt. 

are  not  witliout  due  wciglit  upon  llicir  miiuls.  Pcrhnps  limy 
oiiiilit  lo  say  more  in  ret^ard  to  llie  nealoct  of  |iiopainiiuiiH  lor 
deiciice,  in  our  exposed  niul  unprolrcU'd  position,  ilic  ner<'tnr.iiy 
of  wliicii  lias  lon^  been  pointed  out  and  leit,  and  ilie  power  (O 
provide  lor  them,  even  uiien  put  in  Ibree,  suli'ered  lo  hliiiid  n 
dead  letter.  The  Slate  of  iMiiiue  lias  liad  its  viriiie  pul  lo  lliii 
severest  test,  until  even  llie  very  l(.'iii;ili  of  lime  iliat  ilie  (iov- 
ernineiil  has  delayed  its  duty,  and  she  has  been  ohlined  lo 
entiiu'e  its  omission,  is  liable  to  he  turned  at:;aiiist  her,  inid  net 
U]»  as  on  her  part  a  presrri|)iivc  sulieranoe. 

The  prineipal  view,  which  the  committee  have  had  in  prn- 
parin<;  this  report,  has  been  to  present  a  lurlher  vindieiuiou  u\' 
the  rights  and  principles  of  the  Slate  in  regard  to  iliis  subji-cl, 
and  to  the  course  which  her  people  and  anihoriiie?.  have  hilh' 
erto  pursued,  and  the  j)osition  which  lliey  now  inainlain  iti 
respect  thereto.  'J'liey  would  wish,  not  to  maUe  a  iiicri'  nppi  id 
to  the  sympathy  and  fellow  feeling  of  her  sister  iSlales,  iind  to 
the  patriotic  sensibility  of  the  people  of  the  I'nited  Slate.,  upon 
points  apart  from  public  right  and  national  honor  ;  bnl  ihey 
would  be  no  less  desirous  to  extend  it  to  the  justice  of  I'lni'liilid, 
and  the  judgment  of  Europe,  nay  of  the  wlude  world,  if  hit 
remote  a  portion  of  it  as  the  inhabitants  of  Maine  could  liopo 
to  have  their  cause  heard  before  so  vast  and  elevated  a  iiibiiiial. 
Nor  would  they  slirink  from  submitting  it  to  the  future  jiid^iuiciit 
of  posterity  and  ihe  final  ^  iitenco  of  marikind,  upon  iiM  real 
merits,  (not  as  they  may  have  presented  them)  when  the  pro- 
sent  age  shall  have  passed  away,  and  the  accounts  oi  ihr'  present 
questions  shall  iiave  all  been  closed,  'i'hey  would  not  refiito 
lo  commend  it  to  the  native  "  nobleness  and  manliiici'i  td' 
Englishmen  " — to  the  generosity  which  was  manifesled  in  llio 
last  painful  eflc)rt  of  separation — to  that  niagnanimily  displayed 
by  the  monarch  in  proclaiming,  as  he  did,  with  proiouml  emo- 
tion, the  groat  dismemberment  of  the  empire — roiuei'iiiii;;, 
that  is  to  say,  this  long  pending  (piestion  with  (Ireat  Itiiliiiii, 
in  reference  to  the  true  right  of  a  territory  uliich  is  and  wim 
always  ours,  infinitely  more  than  it  was  ever  hers;  ours,  no 
less  in  the  first  place,  by  the  strength  of  primeval  right  ;  ours, 
also,  by  the  acts  of  Crowi  and  Parliament,  a-  well  a-  by  our 
own  energies  and  achievements,  when  our  sires  were  ilie  loyiil 
subjects  of  a  common  sovereign:  ours,  if  she  still  chooses,  by 
the  terms  of  her  own  free  and  full  assignnu'iit  at  the  |Hirlitiott 
of  that  empire,  originally  divided  by  the  ocean  ;  ours,  in  (iiio, 
by  the  ancient  honor  of  Great  liiilain,  bv  all  the  faith  of 
treaties,  by  the  sacred  principles  of  public  laws,  find  eierniil 
truth  and  justice.  There  is  no  wish  in  this  part  of  the  I'liioii 
for  extension  of  territory  ;  we  are  content  wiilj  our  own  limits. 


NORTH  EASTERN  BOUNDARY. 


0^9 


If  injustice  lias  liorotofore  been  done  us,  if  justice  ims  not  been 
done  us  in  tbut  respect,  or  any  mi^roriune  lias  attended  tlio 
decision  of  |)oints  tliat  have  already  been  determined  unfavora- 


blv  to 


«,  we  are  disposed 


to  abide  bv  it,  and  do  not  now  seek 


to  remedy  it.  We  are  only  solicitous  to  enjoy  the  rights  and 
advantai:;(!s  which  the  laws  of  nature  and  nations  have  secured 
to  us,  and  to  realize  tiie  benefit  of  that  condition  which  Provi- 
dence seems  to  have  (lesii!;iied  for  us  upon  the  foundation  of 
State  and  National  Independence. 

'J'Jiere  is  one  circumstance  also,  in  regard  to  which  your 
conuuittee  believe  that  the  people  of  Maine  woidil  be  willing 
that  their  course  and  princi|)les  should  not  be  misunderstood; 
allliongh  they  would  not  he  under  any  solicitude  rcsj)ccting  it. 
It  is  now  a  well  known  fart,  not  only  that  Maine  has  not  in  any 
manner  intermeddled,  but  that  she  has  uniformly  abstained  from 
anv  intermixture  ol"  her  own  causes  of  com])laint  with  those  of 
an  exciting  nature  that  have  jirevailed  along  iurther  portions  of 
tile  frontier,  and  has  faiihliilly  kept  aloof  from  mingling  her 
concerns  with  other  disiaiu  ami  dislurbinc;  rpicstioiis  with  (Ireat 
Britain.  And  this,  alilioiigh  she  has  one  interest  of  great  im- 
portance, nnich  involved  in  the  present  issue,  which  has  not 
been  distinctly  developed  in  the  immediate  connexion  with  it. 
The  circumstance  above  alluded  to,  not  perfectly  perceived 
and  c\eii  at  lirsl  distrusted,  was  afterwards  freely  confessed  by 

ir  John 


that 


vitrilant   and    virtuous   observer  of  our   course. 


Harvev,  who  will    retire   from   his   station,   when   he   shall   be 


-:■> 


called  away  by  his  sovereign,  with  the  esteem  of  the  people  of 
Maine.      Although  inclined  at  first  to  cr;dit  opposite  surmises, 


lie  soon  liecame  convmced  o;   tlie 


truth 


and,  with  tiis 


;  character- 


istic candor,  communicated  it  to  his  own  s;ovfrnment.  ISor  is 
it  at  all  unlikely,  that  a  persuasion  of  ''  -  integrity  of  our  pur- 
|)ose  entered  into  the  exercise  of  that  high  prudence  and  pro- 
per discretion,  by 


by   which  his  judi 


was  (leterminec 


in  a 


delicate  ;ind  critical  emergency.  Hui.  while  it  may  be  well  it 
."-Iioulil  be  understood,  that  M..itie  has  not  been  disposed  to 
compromii  her  cause  with  any  foreign  matter,  your  committee 
would  be  far  from  wishing  to  enter  into  any  vindication  upon 
this  jioint,  or  be  anxious  iliat  the  State  should  set  itself  apart 
from  the  just  and  common  feeling  of  kindred  humanity,  which 
pervades  this  vast  hemisphere. 

H,esolutioiis  of  the  Legislative  assemblies  of  some  of  our 
sister  States  have  reached  us  now,  or  latelv,  in  response  to  our 
own  former  proceeding'^  and  Resolves;  and  have  been  referred 
to  this  committee.  'I'hose  of  the  State  of  Indiana  were  trans- 
mitted at  the  late  adjourned   session — being  a  special  one  for 


^w^Wi^ss^^i^issbisii 


■  I 


•I 

H 


030  NORTH-EASTERN  BOUNDARY. 

the  general  revision  of  the  laws — and  may  be  deemed  to  havo 
been  postponed  to  the  prisent,  not  having  been  before  printed; 
and,  having  been  recalled  from  the  files,  ihey  will,  with  yonr 
permission  form  part  of  this  report.  'I'he  committee  accor- 
dingly reier  to  thorn  with  feelings  of  mingled  gratitude  and  pride. 
These  Resolves  of  Indiana  are  echoes  of  those  of  Ohio,  for- 
ninrly  received,  \^  hich  they  recite  ;  and  which  likewise  recited, 
in  the  s|)irit  of  that  immortal  ordinance  npon  which  the  original 
conititiilion  of  the  whole  .\orth-west  Territory  (once  a  single 
government)  w.ns  framed,  the  grounds  of  our  just  territorial 
right,  and  the  indefeasible  character  of  our  title  to  the  soil  of 
the  State  and  nation. 

The  Intliana  Ifcsolulions  cherish  the  ho])e,  that  in  the  adjust- 
ment of  this  question  of  our  national  boundary,  the  integrity  of 
our  sod,  and  the  national  honor  may  be  preserved  inviolate, 
without  an  appeal  to  arms.  They  further  express,  that  they 
highly  approve  the  cdbrts  made  by  the  now  late  President  of 
the  United  States  to  avert  from  the  country  the  calamities  of 
war.  Yet  ever  preferring  honorable  war  rather  than  dislionor- 
able  peace,  in  case  of  unavoidable  collision  in  settling  the 
pending  dispute,  they  join  with  Ohio  in  the  declaration  she  had 
made,  and  the  generous  oblation  of  her  whole  means  and  re- 
sources to  the  authorities  of  the  L'nion,  in  sustaining  our  rights 
and  honor. 

The  Kesolutions  of  the  CJeneral  Assembly  of  Alabama, 
transmitted  at  the  present  session,  in  more  guarded  and  meas- 
ured terms,  declare  it  to  be  the  solenm  and  imperative  duty  of 
the  Federal  (jovernment  faithfully  to  maintain  every  obligation 
it  is  under  toward  the  State  of  Maine,  touching  the  establish- 
ment of  our  North-Kastern  Boundary  line  ;  that  the  question 
is  one  not  local  in  its  character  to  this  State,  although  this 
State  is  allowed  to  be  more  interested  than  any  other  in  its 
adjustment,  but  that  it  concerns  the  whole  Union  ;  that  the 
(Jovernment  is  bound  in  defence  of  its  own  honor  not  to  con- 
cede to  (ireat  liritain  any  claim  not  strictly  founded  in  right 
and  justice  ;  and  that  it  is  the  duty  of  Maine  to  trust  the  decis- 
ion of  the  matter  to  the  coiniscls  of  the  Union  and  to  ;:bido 
thereby,  whatever  it  may  finally  he,  aiid  whether  exactly  con- 
sistent with  her  own  wishes,  or  not.  They  further  declare, 
that  they  slioidd  de|)recate  a  resort  to  force,  until  every  honor- 
able |)eaceful  expedient  has  been  exhausted  ;  and  while  they 
are  ready  to  go  to  war,  if  ('ougress  so  says,  they  shoidd  deeply 
regret  to  see  the  State  of  Maine  takt,'  an\  rash  step,  which 
might  tend  to  plunn:e  her  sister  States  into  a  war,  more  through 
sympathy  and  feeling  on  their  part,  than  from  any  deliberate 
choice  and  determination. 


NORTH-EASTERN  BOUNDARY. 


631 


1  this 

in  its 

lat  tho 

to  con- 

II  right 

(icris- 

i-.bide 
y  ron- 

rlare, 
lionof- 
e  llipy 
dcpply 

which 
hr()iii;;li 
iberate 


To  the  more  advisory  and  admonitory  tone  of  these  Alabama 
Resohitions  the  committee  do  not  except ;  thougii  it  is  some- 
what more  collected  and  grave  than  we  have  been  accustomed 
to,  in  our  painful  condition,  from  our  sister  States.  We  may 
assent  to  their  fitness,  and  be  content  with  the  assurance  they 
contain  ;  and  we  may  feel  further  all  the  force  and  propriety  of 
the  appeal.  Yet,  may  we  ask,  wliat  other  State  in  the  Union 
is  there  that  could  thus  bear  to  see  a  district  of  its  territory 
torn  from  its  own  possession,  and  held  under  the  hostile  flag  of 
a  foreign  power — its  citizens  interrupted  and  harrassed  in  their 
peaceful  pursuits — even  those  who  bear  the  official  signet  of 
its  authority,  treated  with  violence  and  disgrace,  and  its  dearest 
and  most  vital  lights  trampled  upon,  as  those  of  Maine  have 
been?  These  wrongs  may  well  be  imagined  to  require  all  her 
patience,  and  to  admit  of  much  alleviation.  Alabama,  we  may 
bo  sure,  docs  not  mean  to  add  to  all  this  sense  of  what  this 
State  has  experienced  and  yet  endures,  the  most  distant  idea, 
in  any  contingency  or  even',  of  being  laid  under  the  ban  of  the 
Union. 

To  a  people  whose  pursuits  in  life  are  moral  and  peaceful, 
and  wliich  cherishes  a  <leep  sensibility  to  all  the  guilt  and 
wretchedness  of  war,  it  may  be  easy  to  see  that  a  profound 
conviction  must  be  rc(juired  of  the  purify  and  righteousness  of 
a  cause  wliich  could,  by  any  possil)ility,  be  exposed  for  its 
vindication  to  so  great  a  calamity.  Nor  is  there  any  occasion 
to  color  or  pourtray  tlie  consequences  of  such  an  alternative. 
It  may  well  be  admitted,  liuit  soinelhing  more  than  the  ordinary 
apology  for  even  defensive  war  may  be  demanded  in  this 
advanced  and  enlightened  age  of  humaniiy  and  civilization,  and 
we  will  not  hesitate  to  say,  of  religion  al.>o:  one  to  be  looked 
for  only  ir  the  nature  and  circumstances  of  tho  case,  such  as 
must  shew  themselves  in  unsullied  pinily,  and  unblcnching 
strength,  so  as  to  constitute  an  absolute  justification  in  the 
moral  view  and  judgment  of  mankind.  If  such  may  ever  be 
found,  it  might  surely  be  in  the  character  of  a  conflict,  to  which 
a  comniuniiy  like  ours  might  bo  sulijected,  in  defence  of  what 
is  nearest  to  our  homes  and  hearths,  of  our  dearest  rights  and 
native  land — a  strife  to  which  we  might  be  exposed  to  preserve 
the  inheritance  v,  c  received  iVom  our  ancestors  before  the 
Rfivolution,  and  the  patrimony  bciiuoalhcd  to  us  by  the  patri- 
otism of  our  fathers  in  tho  war  of  Independence — a  struggle  to 
prevent  tho  removal  of  our  ancient  land  marks,  and  subvert- 
ing the  very  soil  of  our  free  institutions — points  that  are  vital, 
let  us  be  allowed  to  sny,  to  the  very  principles  of  our  social 
existence  and  prosperity.  Such  a  cause  as  this,  if  it  cannot 
ensure  jux'ection,  may  at  least  escape  reproach. 


; 


3 


632  NORTH-EASTERN  BOUNDARY. 

Resolutions  have  just  been  received  from  Maryland,  accom- 
panied by  a  report  of  much  merit  from  the  pen  of  one  who  has 
had  official  opportunity  to  become  ac(juainted  with  the  subject, 
declaring  the  perfect  conviction  whicii  the  Legislature  of  that 
State  entertains  of  the  justice  and  validity  of  the  nation  and  of 
Maine  to  the  full  extent  of  all  the  territory  in  dispute  ;  and 
subjoining,  that  the  Legislature  of  Maryland  looks  to  the  Fed- 
eral (Jovernmcnt  with  entire  reliance  upon  its  disposition  to 
bring  the  controversy  to  an  amicable  and  speedy  settlement  ; 
but  that  if  these  efibrts  should  fail,  the  »Stato  of  Maryland  will 
cheerfully  j)lace  herself  in  the  sup|)orl  of  the  Federal  Govern- 
ment, in  what  will  then  become  its  (hity  to  itself  and  to  the 
State  of  Maine.  After  the  expression  of  such  opinion  and 
assurance,  these  Resolutions,  say  that  the  State  of  Maryland 
feels  that  it  has  a  right  to  request  this  State  to  contribute,  by 
all  the  means  in  its  power,  towards  an  amicable  settlement  of 
the  dispute  upon  honorable  terms  ;  and  they  volunteer  a  sug- 
gestion, respecting  a  reasonable  mode  of  nmtual  accommoda- 
tion and  adjustment,  to  which  it  stiikes  the  minds  of  your 
committee,  that  it  will  be  time  enough  for  Maine  to  attend, 
when  it  comes  recommended  to  her  consideration,  as  it  would 
be,  by  the  condition,  with  which  it  is  connected,  lumicly,  that 
Great  Britain  should  acknowledge  the  title  of  the  Slate  of 
Maine. 

The  committee  were  apprised,  that  Resolutions  had  been 
presented,  together  with  the  a!)Ie  and  critical  rcj)ort  that  has 
been  alluded  to,  to  the  Legislature  of  Massachusetts  ;  and 
those  Resolutions,  accompanied  by  tlie  report,  have  been  re- 
ceived and  comiriitted,  in  order  to  be  acknowledged,  while  this 
report  was  passing  through  the  prc^s.  The  Connnonuealth 
has  never  failed,  on  any  and  every  occasion,  to  testify  her 
faithful  interest  in  favor  of  those  just  rights,  whicli  we  have 
derived  thronch  her,  and  with  which  her  own  continue  to  be  so 
closely  associated.  If  we  had  not  heard  from  her  at  this  lime, 
we  should  not  have  been  left  in  any  <!oul»l  of  her  disposition. 
Lint  it  i.  none  the  less  satisfactory  at  this  period,  to  b(!  re- 
assured, that  in  her  opinion,  our  right  to  reipiire  of  Great 
Britain  the  literal  and  immediate  execuiioii  of  the  terms  of  the 
original  treaty,  relating  to  the  boundary  in  ipiestion,  remains, 
after  more  than  half  a  century,  unim))aired  by  the  lapse  of  lime 
or  by  the  interjiosition  of  multiplied  objections  ;  that  although 
there  may  be  no  cause  to  apprehend  any  immediate  lollision 
upon  this  subject,  it  is  extremely  important  lliat  a  spccdij  and 
ejfeclual  tennination  should  be  put  to  a  diU'erence  which  might, 
even  by  a  remote  possibility,  [iroduce  consequences   that  hu- 


NORTH-EASTERN  BOUNDARY. 


633 


been 
at  lias 
and 
('i\  re- 
e  this 
wealth 
ly  hei- 
I  have 
ho  so 
,  (iniC) 
iiion. 
■   ro- 
:reat 
I"  tho 
laiiis, 
lime 
loiis^h 
ision 
(tnd 
night, 
at  hu- 


!/ 


tnanlty  would  deplore  ;  that  any  thing  is  to  be  regretted  coming 
from  Great  Britain,  of  the  character  of  the  late  report  made 
to  that  Government  under  its  late  commission  of  survey,  (though 
not  under;.  uu)d  to  have  received  its  sanction)  calculated  to 
produce,  wLerever  it  is  examined  in  the  United  States,  a  slate 
of  the  public  mind  unfavorable  to  that  conciliatory  temper  and 
confidence  in  mutual  good  faith,  without  which  it  is  hopeless  to 
expect  a  satisfaciory  result  to  controversies  of  this  nature  ;  that 
the  interest  and  honor  of  iVrassachusetls  alike  demand  a  perse- 
verance, not  the  loss  deieruiined,  because  it  is  temperate,  in 
maintaining  the  rights  of  Maine  ;  that  they  now  cheerfully  re- 
peat their  often  recorded  response  to  her  demand,  that  the 
justice  so  long  withheld  should  be  speedily  done  her  ;  and  that 
while  they  extend  to  her  their  sympathy  for  her  past  wrongs, 
ihey  again  assm-e  her  of  their  unshaken  resolution  to  sustain 
the  territorial  rights  of  the  I  nion. 

I'he  committee  may,  perhaps,  deem  themselves  in  some 
measure  called  upon,  under  the  existing  posture  of  circumstan- 
ces, not  wiihout  some  hesitalioii,  to  touch  upon  a  point  of  some 
delicacy  ;  and  which  relates  to  the  part  this  Stale  may  be  in 
future  required  to  perform  in  the  further  prosecution  of  this 
question,  and  in  i  > '  ''  to  bringing  it  to  a  determination.  This 
point  is  presentee)  'o  first   jilace,  by  two   distinct  orders, 

one  from  the    t  jf  Representatives,  and  th'"  other  from 

the  Senate,  both  referred  to  the  ianncdiate  consideration  of 
this  committee.  Tho  one  requires  the  Executive  authority  of 
this  Slate  to  be  employed  to  expel  the  British  force  now  quar- 
tered upon  our  t(  rritory  ;  the  other  proposes  to  invoke  the 
constitutional  obligation  of  the  Federal  Government,  and  to 
call  upon  the  National  Executive  for  the  prompt  fulfilment  of 
this  duty.  Tho  alternative  presented  by  the  i'orms  of  these 
diflerent  Legislative  orders,  dictated  alike,  as  your  Conunitteo 
entirely  believe,  by  the  spirit  of  what  was  due,  and  even  de- 
manded, to  the  occasion,  brings  directly  into  view  the  contin- 
uance— they  would  not  say  the  competency  or  propriety — of 
that  former  course  of  action,  which  tho  Stale  prescribed  to 
itself,  at  those  periods,  which  have  been  noticed,  when  the 
proper  powers  of  the  Federal  Government  appeared  to  be  in 
abeyance  as  to  us,  if  not  abdicated  hero.  And  the  conmiittee 
do  undoubtedly  conceive  that  this  Stale  would  be  untrue  to 
itself,  insensible  to  its  own  choracier,  interest,  and  honor,  to 
renounce  or  repudiate  the  position  in  which  it  was  involuntarily 
placed,  or  the  principles  which  it  pronounced,  at  any  time, 
under  the  imperious  necessity  and  duty  imposed  upon  it  of 
self  protection.  It  would  be  forgetful  of  the  illustrious  ex- 
44 


r 


634  NORTH-EASTERN  BOUNDARY. 

amples  of  virtue  and  patriotism,  wbich  were  ever  berore  tlia 
eyes  of  our  cherished  and  lamented  Lincoln,  to  disclaim  the 
gronnd,  or  abandon  the  stand,  which  he  so  fiimly  and  intre- 
pidly look  upon  this  (question,  when  its  gulf  was  'rst  opened 
befure  us,  !md  he  was  called  to  coiiitni|)late  and  survey  the 
sacrifice.  Neither  would  we  bury  with  him  the  |)iinciple,  on 
wliich  he  acted.  uit  we  look  upon  it  as  having;  succeeded  ; 
and  that  we  are  i.ow  onjoying  the  value  and  benefit  of  it  in  the 
elevated  position  to\\liich  the  progress  of  it  has  raised  and 
carried  us  in  the  estimation  of  Coiij;ress,  the  lespect  of  the 
Government,  and  Mie  confit'ctice  of  the  country.  Your  com- 
mittee conceive  and  trust,  tliat  that  point  is  now  passed  ;  a  point 
ever  intended  to  be  taken  and  susliiined  in  entire  submission  to 
the  sense  of  the  nation,  and  to  be  carried  out  only  in  subordi- 
nation to  its  supreme  constitutional  authority,  whenever  it  did 
or  should  become  necessary,  tlmt  is  to  say,  to  resort  to  the 
original  principle  of  self  preservation,  which  is  never  to  be  re- 
curred to  only  when  all  other  resource  fails,  and  which  Maine 
alone  means  to  reserve  for  extreme  emergency,  or  the  last 
extremity.  The  immediate  legitimate  objects  of  that  just  and 
necessary  course  of  proceeding  on  her  part  adopted  by  her 
Executive  and  Legislative  counsels  Maine  is  now  disposed, 
your  committee  apprehend,  to  legard  and  look  upon  as  fulfilled. 
It  has  been  fulfilled,  so  far  certainly,  nt  a  great  and  enormous 
expense,  and  even  sacrifice  to  her  ;  for  which,  a":  in  perform- 
ance of  an  important  duty  devolved  upon  her,  in  discharge  of 
the  public  service,  she  is  entitled,  in  return,  to  cast  herself  upon 
the  just  consideration  of  the  republic.  Henceforth  she  con- 
ceives herself  to  have  acqjired  a  perfect  right  to  rely  on  the 
strength  as  well  as  sympatiiy  of  the  country,  and  upon  the 
powerful  arm  of  the  /ialional  Government  for  vindication  and 
sujiport.  That  otherwiec  the  object  would  not  have  been 
answered  ;  but  its  real  and  proper  purpose  would  have  failed. 
The  remainder  miirht  be  more  than  she  is  equal  to  ;  but  it 
would  be  uiigratt  ful  now  that  her  cause  has  been  so  perfectly 
Mffiliated,  ami  the  country  asks  us  to  accept  its  solemn  assur- 
ance, to  pursue  any  other  course  at  present  ;  and,  as  we  value 
and  cherish  the  pledge  it  has  given  us,  not  to  bo  anxious  to 
avoid  anytiiiug  to  forl'eit  our  title  to  its  protection. 

In  coming  toward  a  conclusion  of  the  subject  of  t'  "^  report 
and  to  the  final  consideration  of  the  best  course  to  bi  irsucd, 
under  the  existing  and  actual  state  of  circu  Mstanccs,  the  Com- 
mittee can  see  no  other  than  to  adopt  and  stand  upon  the  lato 
Resolves  of  the  preceding  LegislatureF  ;  that  is  to  say,  so  far 
as  they  are  not  varied  and  aitered,  and  accordingly  required  to 


I 


L. 


NOllTH-EASTERN  BOUNDARY. 


635 


asstir- 

iC  vnliio 

\ 

xioiis  to 

^  report 
irsned, 

lO  Com- 

thc  lato 

y,  SO  far 

juired  to 

i 

i 

be  luudified,  by  time  and  other  circumstances,  connected  wiih 
the  prolonged  a.  'i  ^)ending  state  of  negotiation.  They  can  see 
no  .  ther  course,  they  reper.,  than  to  continue  to  call,  still,  upon 
the  Geneial  Gov  'rnment  to  vindicate  and  maintain  the  rights 
of  this  State  to  its  indisputable  and  indefeasible  territory,  by 
one  of  the  two  modes  pointed  out  by  the  last  Resolves.  Grat- 
itude towards  that  Government  for  what  it  has  already  done 
toward  what  it  has  solemnly  promised,  aflection  to  our  sister 
States  uiio  have  come  forward  so  freely  and  so  cordially  in  our 
favor,  the  necessity,  which  disables  us  from  coping  single-handed 
with  our  real  and  formidable  antagonist,  and  the  Constitution 
which  authorizes  and  requires  us  to  cast  the  burden  of  our  de- 
fence entirely  upon  the  General  Government- -all  these,  com- 
bined with  the  consideration  and  remembrance  of  what  is  equally 
due  to  ourselves  and  mankind,  under  all  these  circumstances,  di- 
rect, if  ihey  do  not  compel  us  to  this  course.  We  wish  we  could 
add  thai  we  had  more  coiilidencc  in  the  efficacy  of  the  means 
that  have  so  far  been  adopted — we  will  not  say  those  likely  to 
be  employed — and  used  to  vindicate  and  establish  those  rights. 
We  wish  V.  e  could  see  an  end  to  the  per|)etual  course  of  pro- 
crastination, or  any  immediate  prospect  of  the  present  negotia- 
tion being  brought  to  a  decisive  or  satisfactory  termination. 
The  committee  are  constrained  to  say,  that  they  cannot.  On 
tlie  contrary,  they  feel  themselves  obliged  to  agree  in  the  opin- 
ion of  his  M\cellency,  the  Governor  of  Massachusetts,  in  wiiom 
tiiey  know  this  State  has  always  a  fast  friend  upon  this  suiiject, 
that  they  do  not  see  any  disposition  on  the  part  of  the  British 
Government  to  determine  it. 

The  committee  are  concerned  to  inquire,  also,  what  is  to 
be  the  state  of  the  disputed  territory  in  the  moan  time  ;  and 
especially  of  that  portion  of  it  lying  Morthward  of  the  St.  John.' 
And  what  is  to  be  done  for  its  protection,  and  the  intermediate 
preservation  of  all  the  rights  of  the  State  to  its  property  and 
jmijdiction.''  They  inijuire  in  vain.  It  is  clear,  that  the  State 
can  enter  into  no  conipac  t  will)  New  Bi'unswick  on  the  subject, 
even  if  the  aiithorily  there  had  not  pn-sed  into  other  hands. 
Such  a  thing  is  impossible.  It  is  forbidden  by  the  Constitu- 
tion, without  the  consenl  of  Congress,  which  is  not,  to  be  im- 
Iilied,  nor  even  in  the  view  of  your  conunitleo  to  be  desired. 
J'  it  were  proper  to  listen  to  any  suggestion  of  that  nature,  or 
to  any  proposition  frcjui  that  ipiartcr,  there  is  no  power  that 
can  apparently  be  (h'pended  upon  (ihongh  far  from  questioning 
by  any  moans  the  nuegrily  of  the  <lis|)03ition  tiiat  exists)  hut 
there  is  none  in  \ew  Brunswick  that  seems  to  be  competent 
for  the  fidGhnenl  of  any   such  compact  or  assurance.     Maino 


'  m 


^sai 


636  NORTH-EASTERN  BOUNDARY. 

could  not  come  into  any  agreement,  such  as  was  recommended 
to  her,  on  tliat  point.  The  objections  to  it,  in  her  view,  are 
insuperable.  Worse  than  the  shackles,  that  might  be  thus  im- 
posed upon  her,  it  might  only  prove  a  snare  for  her,  and  be- 
come an  endless  source  ot"  mischief  and  regret.  She  sees  not, 
in  any  way,  how  she  can  go  further  on  this  subject,  than  she 
has  already  done  by  her  Resolves  of  1839  ;  and  that  is,  only, 
in  the  same  earnest  desire  to  come  to  an  amicable  adjustment 
of  the  whole  controversy,  to  forbear  to  enforce  her  jurisdiction 
in  that  part  of  tlie  territory  which  is  now  usurped  by  Xew  Bruns- 
wick, so  far  as  she  can  do  so,  consistently  with  the  maintenance 
of  her  previous  llesolves  for  the  protection  of  the  whole  ter- 
ritory against  trespass  and  devastation.  80  far  as,  under  this 
limited  restraint,  she  is  obliged  to  yield  to  the  continuance  of 
the  illegal  usurpation  at  the  j)roper  original  settlement  of  Mad- 
awaska,  so  far  she  supposes  she  must  submit  to  see  the  sphere 
of  her  own  sovereignly  circumscribed.  But  she  cannot  con- 
sent to  see  the  space  widened.  She  cannot  allow  its  being 
extended  to  the  Fisii  river,  or  upon  the  south  bank  of  the  St. 
John,  above  the  western  bend,  up  to  which  Maine  has  at  least 
regained,  and  made  good  her  ground. 

It  is  still  less  possible  for  this  Slate  to  consent  to  any  change 
in  the  character  of  that  possession,  from  civil,  as  it  was  only 
])reten(led,  to  military  ;  and  further  still,  to  be  content  to  see 
that  change  assume  a  permanent  form;  in  the  first  })lace,  the 
whole  district  converted  into  a  military  depot,  and  then  to  take 
the  more  decided  character  of  a  military  establishment.  How 
long  we  are  to  remain  in  this  condition,  or  how  we  are  to  be 
relieved  from  it,  we  cannot  say,  except  by  pointing  to  our 
past  Resolves,  and  [)utling  our  trust  in  tl;e  Government  of  the 
Union.  All  that  we  can  say  further,  perhaps,  at  this  moment, 
with  propriety,  is,  that  it  cannot  be  siibmiticu  to  with  passive- 
ncss,  and  tliat  i*  cannot  be  subnjilled  to,  at  any  rate,  much 
longer.  The  spirit,  the  patriotism,  the  self-respect,  the  native 
energy,  the  irrepressible  and  indomitable  determination  of  the 
people  of  this  Slate,  will  not  endure  it.  They  might  sooner 
wish  10  see  the  territory  sunk  in  the  ocean,  tlian  to  be  made  the 
scene  of  a  bloody  war,  above  all  between  the  kindred  and  con- 
nected races;  \nu  ihey  cannot,  silently,  see  it  surrendered  to  -; 
foreign  power  in  this  manner.  They  are  cahnnniated  by  the 
prcjtext,  on  winch  it  is  chal!<.'iiged.  Tbi'y  demand,  in  advance, 
tiie  proieciion  of  tiie  Ftdtnnl  L'onslltulion.  'J'lu*y  require  that 
the  invading  force  shall  be  removed  ;  and  if  this  can  only  be 
effected  by  counter  force,  they  request  the  Government  of  the 
United  States,  with  no  more  delay,  to  cause  possession  of  tha 


NORTH-EASTERN  BOUNDARIT. 

disputed  territory  to  be  taken,   by  the  suitable  and  necessary 
methods. 

But  while  the  State  thus  makes  these  strong  and  urgent  de- 
mands, it  may  be  justly  expected,  that  it  will  not,  in  any  respect, 
or  in  any  ovent,  be  wanting  to  itself.  While  it  earnestly  seeks, 
and  wisiies,  to  put  itself  under  the  broad  shield  of  the  General 
Government,  and  pray  for  the  protecting  power  cf  the  whole 
country,  and  soliciis  to  be  released  from  the  incumbent  duty 
and  present  heavy  burden  o*"  its  own  defence  and  desires  to 
do  this  without  relrealin?;  from  the  ground  or  relinquishing  thd 
stand  it  has  hiihorto  been  obliged  io  take,  and  does  not  jsk  to 
be  released  from  its  position,  it  weh  ofiers  to  go  as  far  as  any 
of  its  sister  States  have  done,  and  to  place  its  whole  powers 
and  resources,  without  reserve,  at  the  public  disposal.  We 
will  conr^en,  to  ahiiOst  any  sacrifice — we  will  pay  any  reasonable 
price  for  our  ovvii  peace,  and  for  that  of  the  country ;  and  we 
are  willing  to  purchase  it  upon  liie  same  terms,  as  "the  tran- 
quillity and  salcty  of  a  camp  are  secured  by  the  suflerings  and 
privations  of  its  devoted  exterior  outguards."  Maine  feels 
herself,  unavoidably,  to  be  the  forlorn  hope  of  the  Union.  As 
such  she  is  ready  to  go  forward,  and  to  pursue  the  path  that 
lies  before  her.  As  such  she  is  prepared  to  occupy  the  pass 
to  which  she  may  be  directed,  to  present  her  breast  as  a  bul- 
wark for  the  country— and  of  those  of  her  brave  and  beloved 
sons,  the  self-devoted  band  that  shall  be  sent  upon  this  service, 
to  leave  the  writing  upon  the  soil,  in  the  best  blood  of  the  State, 
to   tell   the   country,    and   be  carried   back  to  the  capital,  that 

Tin.V  LIK   THERE    IN   OBKriENCE   TO   ITS   LAWS. 

The  commilleo  would  now,  respectfully,  bring  the  perform- 
ance of  this  part  of  their   service   to   a  conclusion,  by  recom- 
nienuing  the  following  Resolutions. 
By  order  of  llie  committee. 

CHARLES  S.  DAVEIS. 


637 


Chapter  198. 

RESOLVES  rclntiiig  to  the  North-eastern  Boundary. 

Ilpsolved,  That  the  Legislature  sees  no  occasion  to 
rtMievv  the  de(  larations  heretofore  made  of  the  right  of 
this  State  to  the  whole  of  its  territory,  according  to 
the  treaty  of  ITHlJ,  unjustly  drawn  into  question  by 
Cilreat  Jiritain,  (entirely  recognized  by  the  unanimous 
Uesolutions  of  (Jongrcs.s  in  1838)  nor  to  repeat  its  own 
former  Resolutions  on  the  subject.     And  it  regards 


63a  NORTH-EASTERN  BOUNDARIT, 

with  grateful  satisfaction  the  strong,  increasinj;  and 
iiniform  denionstratinns,  from  all  parts  of  the  Union, 
of  conviction  thereof,  and  of  determination  to  support 
the  same. 

Resolved,  That  this  Lei:;islature  adopts  and  affirms 
the  principles  of  former  R-^  jIvcs  of  preceding  Legis- 
latures in  relation  thereto,  in  all  their  force  and  ex- 
tent; that  it  approves  their  spirit,  insists  on  their 
virtue,  adheres  to  their  terms,  and  holds  the  National 
Government  hound  to  fulfil  their  ohligations;  that  it 
deprecates  any  further  delay,  and  cherishes  an  ear- 
nest trust  and  expectation,  that  the  National  (jovern- 
ment  will  not  fail,  speedily,  to  cause  our  just  rights, 
too  long  neglected,  to  he  vindicated  and  maintained, 
either  hy  negotiation  or  by  arms. 

Resolved,  That  we  truly  appreciate  the  patriotic 
spirit  with  which  the  l^'ederal  (government  espoused, 
and  our  sister  {States  embraced  our  cause,  and  the 
country  came  to  our  side,  in  a  most  severe  and  critical 
emergency;  and  that,  confiding  in  their  continued 
sympathy  and  support,  and  confirmed  in  the  strtMrgth 
or  our  cause,  we  feel  warranted  to  rely  for  safely  on 
the  sovereign  power  of  the  I'nion,  the  people  of  this 
State  maintaining  all  their  constitutional  rights. 

Resolved,  That  in  accm'dance  with  (he  generous  ex- 
amples of  our  sister  States,  and  not  to  be  behind  their 
free-will  oflerings  on  our  be!  alf,  Ihis  fState  also  volun- 
tarily tenders  its  whole  powers  and  resources,  without 
reserve,  to  the  supreme  authorities  of  the  Union,  to 
sustain  our  national  rights  and  honor;  and  it  stands 
ready,  furthermore,  obeying  (he  call,  and  abiding  the 
will  of  the  country,  to  go  forward  aud  occupy  that 
position  which  belongs  and  shall  be  marked  out  to  it; 
and  engages,  that  it  will  not  he  wanting  in  any  act,  or 
duty,  of  jlevotion  to  the  (Jniou,  ol  fidelity  to  itself, 
and,  ahove  ail,  to  the  common  cause  of  our  whole 
country. 

Resolved,  That  this  State  is  sufl'ering  the  extreme 
unresisted  wrong  of  Ik'itish  'uvasion,  begun  in  lu39, 
repeated  in  J  840,  and  contii.  led  to  this  time,  in  viola- 


NORTH-EASTERN  BOUNDARY. 


639 


tion  of  solemn  and  deliberate  pledges  from  abroad, 
guaranteed  by  our  uwr.  JCxecutive  Government;  that 
tlie  President  of  tlie  United  States,  tberefore,  be  re- 
quested and  called  upon  to  fulfil  tlie  obligation  of  tUe 
Federal  Constitution,  by  causing  the  immediate  re- 
moval, or  expulsion,  of  the  foreign  invading  force, 
now  stationed  within  (he  bounds  of  Maine;  and,  other 
methods  failing,  to  cause  military  possession  to  be 
taken  of  the  disputed  territory. 

llesulvt'd,  Tliat  the  Government  of  the  United 
States  be  earnestly  invoked  to  provide  for  our  future 
protection  against  lu^"ign  aggression,  by  proper  estab- 
lishments of  military  iiace,  upon  the  frontier,  and  by 
the  due  exertion  of  its  constitutional  powers,  to  liber- 
ate and  relieve  this  State  from  the  present  heavy  bur- 
den of  its  ovvu  needful,  nnavoidal)le  defence. 

JtcsnJi'ed,  Tiiat  the  Government  of  the  United 
States  is  bound  to  cause  the  commission  appointed  to 
explore  and  (race  the  North-eastern  Boundary  line 
from  the  north-west  angle  of  Nova  Scotia,  along  those 
highlands  which  divide  the  waters  that  empty  into  the 
river  St.  Lawrence  from  those  that  fall  into  the  Atlan- 
tic Ocean,  according  to  the  treaty  of  17i{;?,  to  be  pro- 
secuted with  the  utmost  speed,  vigor,  and  certainty  to 
its  definite  and  abscdute  conclusion,  and  that  the  same 
should  be  com[)leted,  and  the  true  line  run,  and 
marked,  within  the  period  of  the  present  year. 

Resoli'edf  That  the  Governor  be  requested  to  trans- 
mit a  copy  of  these  Resolves,  together  with  this  Re- 
port, tj  the  President  of  the  United  States;  and  that 
ftir/iij  |.  copies  of  the  same  be  transmitied  lo  the  presid- 
ing officers  of  the  two  branches  of  Congress,  and  to 
t!  J  I'lxecutives  of  the  several  States  and  the  presid- 
ing officers  of  the  several  Legislatures  of  said  States, 
and  to  the  Senators  and  Representatives  in  Congress 
of  this  State  and  of  JNIassachusetts. 


■iMi 


640  ELECTION  OF  PRESIDENT. 

Chapter  199. 

JOINT    RESOLUTION    for  amendinir  the  Constitution  of  th» 
United  States  relative  to  the  election  of  President. 

Resolvedf  That  in  the  opinion  of  this  Le2;islature, 
the  Constitution  of  the  United  States  should  be  so 
amended  as  to  restrict  the  eligibility  of  the  President 
to  one  term ;  and  that  an  amendment  to  that  eft'ect, 
should  be  presented  by  Congress  to  the  several  States, 
for  their  consideration. 

Resolved  further^  That  the  Governor  be  requested 
to  cause  a  copy  of  this  Resolution  to  be  communicated 
to  each  of  our  Senators  and  Represpntatives  ia  Con- 
gress, in  order  that  the  same  may  lie  presented  for 
adoption;  and  that  copies  be  likewise  transmitted  to 
the  Executives  of  the  several  States,  to  be  laid  before 
their  respective  Legislatures. 


MESSAGES  OF  GOVERNOR  FAIRFIELD. 

To  the.  Senate  and  House  of  Representatives  : 

I  lierewitli  lay  before  you  copies  of  correspondence  with  the 
Lieut.  Governor  of  the  Province  of  New  Brunswick,  and  of 
my  communication  to  the  President  of  the  United  States,  in 
relation  to  the  occupation  of  the  Madawaska  selilernent  by  a 
detachment  of  British  troops.  An  official  report  of  the  trans- 
actions alluded  to  by  Lieut.  Governor  Harvey  has  not  yet  been 
received  by  me. 

JOHN  FAIRFIELD. 

Council  Chamber, 
January  6,  1841. 


CORRESPONDENCE 


[Lieut.  Governor  Harvey  to  Governor  Fairfield.] 
[copy.] 
Government  Housr,  Fredericton,  N.  B.,  ) 
December  10,  1840.  \ 

Sir: — As  your  Excellency  will  doubtless  he  informed  that 
a  detachment  of  Her  Majesty's  troop,  has  lately  arrived  in  the 
Madawaska  settlement,  1  deem  it  to  consist  with  that  frankness 
by  wliich  1  trust  my  iniercourse  with  the  authorities  of  Maine 
has  always  been  characterized,  to  acquaint  you  that  the  move- 
ment in  question,  made  by  the  orders  of  the  Governor  General 
of  these  provinces,  has  no  other  object  than  to  give  support  to 
the  civil  authorities  of  that  settlement,  one  of  whose  magis- 
trates, Francis  Rice,  Esq.  has  been  grossly  insulted,  threat- 
ened with  personal  violence,  and  obstructed  in  the  discharge  of 
his  duly,  by  persons  professing  tlnmselves  to  be  citizens  of  the 
State  of  Maine  ;  and  another,  James  McLaughlan,  Esq.  also 
a  magistrate  of  this  Province,  and  holding  the  oflice  of  "  War- 
den of  the  disputed  territory,"  has  been  threatened,  by  the 
person  in  charge  of  the  armed  posse  stationed  at  "  Fish  river," 
with  being  arrested  &nd  sent  as  a  prisoner  to  Augusta,  in  the 
event  of  his  persevering  in  the  performance  of  the  duties  im- 
45 


«« 


642  MESSAGES  OF  THE  GOVERNOR. 

posed  upon  liini  by  the  Government  of  the  Queen  nnd  that  of 
this  ]*r()viiice. 

Wlicthfi-  ilie  asseriion  mnde,  n?  T  nm  assured,  liy  iliis  per- 
son, that,  in  holding  (his  I.'inguage,  he  is  oiily  ailin!:;  in  Jiiiiird- 
ance  with  his  inslrnctions,  he  correct  or  oihciuisc,  yciur 
Excellency  will  best  know.  But  re^fiisine;,  as  I  liavo  (Idui',  lo 
believe  that  he  can  luivf:  received  any  nnlhoriiy  lor  a  pr.n cfdiiig 
t\-hic;h  I  iiinst  regard  as  inconsistent  with  exi><iin^  enfijaijeinenii, 
I  have  not  hesMaled  in  expressing  to  the  (Joveinor  (ienend  my 
convictioii  that  an  armed  civil  posse,  corresponding  in  iimonni 
and  description  with  tiir.t  maintained  by  .Maine,  will  lie  loniul 
quite  adeqimte  to  efieet  the  objects  in  view,  viz.  the  prevenlion 
of  acts  ot"  tinaulhorizcd  niigression  or  inlcrference,  its  rejiiids 
llie  iidiahitants  or  andioriiies  of  the  IMadawa^ka  seiileini'inn. 
And  I  have,  accordingly,  no  reason  to  doubt  thai,  ocling  upon 
this  suggestion,  his  Excellency  will  (brthwiih  give  direclioil* 
for  the  troops  to  be  withdrawn  lo  their  former  stations. 
I  have  the  honor  to  be, 

Willi  great  consideralion  and  respect, 

Your  Excellency's  most  obedient  servant, 

.l.IIARVEV. 

His  Excellency,  the  Governor  of  wic  State  Elaine. 


: 


[Governor  Fairfield  to  Lieut.  Governor  Harvey.'] 
[copy.] 

EXF.CUTIVE  DEP.\nTMi:NT,  ) 
Saco,  Dec.  15,   ItiUJ,       \ 

Sir  : — I  have  the  honor  to  acknowledge  the  receipt  of  your 
Excellency's  conitnunicaiion  of  the  lOlli  instant,  ronlaining  (ii| 
explanation  of  a  lale  movement  on  the  part  of  the  (Jovernof 
General  of  the  Provinces,  in  ordering  a  detachment  of  ironpn 
to  the  Madawaska  seiilement.  Yonr  Excellency  says  it  "  has 
'' no  o'lhci  object  than  to  give  support  to  the  civil  anllioi'iiits 
"  of  ihat  settlement — one  of  whose  niiigistrates,  Fiancis  Ifico, 
"  Esq.  has  been  grossly  insidtcd,  threatened  with  p"r-i(iliill 
"  violence  and  obstructed  in  the  discharge  of  his  duty  by  per- 
*'  sons  professing  themselves  to  bo  citizens  of  the  Huite  of 
"  Maine — and  another — James  IMc  Laugnhm,  Esq.  alio  a  iiiU" 
*' gistrate  of  this  Province,  and  h<!lding  the  oHlco  of  Wiirden 
*'  of  the  disputed  territory,  has  been  tiireatened  by  the  per- 
"  son  in  charge  of  the  armed  posse  stationed  at  ]''ish  liver 
"with  being  arrested  and  sent  as  a  prisoner  lo  Augiistn,  in  iho 
♦'  event  of  his   persevering  in  the  performance  of  ihu   diilieiy 


MESSAGES  OF  THE  GOVERNOR. 


643 


your 

iifi  (III 
'iiKir 

ron|)>l 
'  llim 
ilirS 

rsdiiul 

I"''-. 
Ill-  itt 

;i  urn* 

itiili-lt 

|i<n'- 

liver 

ill  ilm 

(lllliuM 


'*  imposed  upon  him  by  the  Government  of  the  Queen  and  that 
"  of  this  Province." 

While  entertaining  a  just  sense  of  the  frankness  and  courtesy 
in  which  this  expl  iiiatioii  is  made,  I  deem  it  my  duty  to  say 
that  I  cannot  re(L:;ard  the  quartering  of  troops  at  the  Madawaska 
seitienicnt,  at  tiiis  lime,  hy  the  British  Government  in  any 
oilier  light  tlian  as  a  direct  and  palpable  infringement  of  the  sub- 
sisting arrangement;  and  that  the  riirumstnn'es  above  described 
atlbrd  no  sullicient  excuse  or  justification  fur  such  an  act.  Nor 
is  it  the  less  aggravated  by  the  circumstance,  that  it  is  tha 
repetition  of  a  similar  movement  made  since  the  arrangement 
was  entered  into,  and  which  was  5t  the  time  the  subject  of 
complaint  and  remonstrance,  not  only  on  the  part  of  the  State 
authoriiies,  but  by  the  General  Government.  The  first  was 
souirht  to  be  jusiilicd  on  the  ground  of  apprehensions  that  IMaine 
inlciuled  to  do  the  liku.  The  latter,  upon  grounds  which,  if 
not  less  subslaniial,  certainl)  afford  no  reasonable  pretence  that 
any  military  force  was  necessary,  nuich  less  a  force  in  addition 
to  the  two  hundred  troops  already  stationed  at  Temiscouata 
Luke.  In  regard  to  this  |)oint,  that  is,  the  absence  of  all  ne- 
cessity for  a  milil<trij  force,  1  am  happy  to  perceive  that  we  do 
not  disagree,  and  1  trust  that  your  Excellency's  suggestion  to 
the  Governor  General  touching  its  withdrawal  will  not  be  with- 
out eii'ect. 

J II  relation  to  the  facts  alleged,  I  am  unable  to  say  whether 
yoin  Excellency  has  been  misinformed  or  not,  but  I  have  taken 
measures  to  have  them  coriccily  ascertained  and  reported.  I 
can  assure  your  Excellency  thai  you  but  do  me  justice  in  re* 
fusing  l(j  believe  that  1  am  disposed  to  authorize  any  acts  "in- 
consistent with  existing  engagements."  If  however  the  fact3 
relate  to  a  transaction  of  wliifli  I  have  casually  heard,  but  of 
which  I  have  not  been  oflicially  informed,  I  think  your  Excel- 
lency will  find  that  the  all'.'gaiiuns  require  much  qualification. 
It  has  been  reported  that  viren  certain  of  the  citizens  of  this 
Slate  were  a-^scmbled  at  the  Fish  river  settlement,  to  give  m 
their  votes  for  Kleciors  of  President  and  Vice  President,  under 
a  late  law  of  this  Slate  authorizing  it,  a  magistrate  from  the 
Madawaska  settlement  presented  hifusclf  and  altcnipled  in  the 
exercise  of  his  olllcial  authority,  to  disperse  ihem.  If  such 
were  the  facts,  instead  of  finding  any  cause  for  reprehension 
in  the  resisting  his  authority  by  the  residents  at  that  place,  1 
can  only  wonder  at  their  forbearance  in  noi  causing  iiiin  In  be 
arrested  and  subjected  to  :iial  and  punishment,  according  to  the 
laws  of  this  State  in  such  case  made  and  provided. 

Of  the  threats,  supposed  to  have  been  made  to  arrdst  Jamei 


»H 


644  MESSAGES  OF  THE  GOVERNOR. 

McLauchlan,  Esqr.,  and  send  him  to  Augusta,  I  know  nothing. 
But  your  Excellency,  I  suppose,  is  aware  that  the  right  of  that 
gentleman  to  act  as  "Warden  of  the  disputed  territory"  has 
never  been  recognized  or  sanctioned  by  the  authorities  of  this 
State,  and  I  would  respectfully  add,  that  so  far  as  the  present 
Executive  is  concerned,  never  will  be,  especially  in  regard  to 
that  portion  of  it  in  our  exclusive  possession  and  occupancy. 

What  particidar  movements  of  Mr.  McLaughlan  have  in- 
duced the  supposed  threats,  I  am  not  apprised  of.  The  facts, 
however,  in  this  as  well  as  the  other  case,  I  have  taken  meas- 
ures to  have  correctly  reported ;  when,  I  can  assure  your 
Excellency,  no  disposition  shall  be  wanting  on  my  part  to  do 
what  a  just  regard  for  existing  agreements  as  well  as  the  honor 
and  interests  of  the  State  may  require. 
I  have  the  honor  to  be, 

With  high  respect  and  regard. 

Your  Excellency's  most  ob't  serv't, 

JOHN  FAIRFIELD, 
Governor  of  Maine. 
His  Excellency, 
M^.  Gen.  Sir  J.  HARVEr, 

lit.  Gov.  Province  of  New  Brunswick. 


[Governor  Fairfield  to  President  Van  Buren.'j 
[copy.] 

E.iEcuTivE  Department, 
Saco,  Dec.  15,  1840. 
Sir  : — I  have  the  honor  to  enclose  copies  of  a  correspond- 
ence between  Sir  John  Harvey,  Lieutenant  Governor  of  the 
Province  of  New  Brunswick,  and  n)j"?elf,  by  which  it  will  be 
perceived,  dial  Maine  is  again  subjected  to  the  mortification  of 
naving  foreign  troops  quartered  upon  her  territory.  The  al- 
leged causes  for  this  renewed  outrage,  and  the  circumstances 
undej  which  it  has  beer,  committed,  30U  will  find  stated  in  the 
letter  of  Sir  John  Harvey.  That  the  alleged  causes  are  en- 
tirely insufficient  to  justify  so  direct  and  palpable  a  breach  of 
the  subsisting  agreement  between  the  authorities  of  this  State 
and  the  Lieut.  Governor  of  tiie  Province  of  New  Brunswick, 
is  clear.  Indeed  they  hardly  afford  a  decent  pretext  for  adding 
another  to  the  long  calulogue  of  insults  and  injuries  which  the 
citizens  of  this  State  have  been  compelled  to  endure,  at  the 
hands  of  the  British  Government,  for  the  last  quarter  of  a 
century.  I  trust  that  the  Executive  Government  of  the  United 
States  will  forthwith  tako  measures  to  ensure  the  immediate 


w 


f  . 


iOUF 


MESSAGES  OF  THE  GOVERNOR. 


645 


withdrawal  of   these   troops  from  our  territory,   or  to  expel 
them,  should  the  candid  and   reasonable  suggestion,  which,  it 
seems,  has  been  made  to  the  Governor  General  of  the  British 
Provinces  bv  Sir  John  Harvey,  prove  unavailing. 
X  iiave  the  honor  to  be, 

Willi  the  highest  respect. 
Your  most  obt.  servant, 

JOHN  FAHIFH^LD, 
Governor  of  Maine. 
His  Excellency, 
M.  Van  Buren, 

President  of  the  U.  States. 


[spond- 
of  the 
will  be 
iiion  of 

he  al- 
Isiances 

in  the 
are  en- 
each  of 
s  State 
Inswick, 

adding 
liich  the 
!,  at  the 
tcr  of  a 

United 
imcdiaio 


To  the  Senate  and  House  of  Representatives  : 

I  herewith  lay  before  you  the  First  Annual  Report  of  the 
Directors  and  Superintendent  of  the  Hospital  for  the  Insane, — 
and  the  Annual  Report  of  the  Inspectors  of  the  State  Prison. 

JOHN  FAIRFIEDD. 
Council  Chamber, 
January  G,  1841. 


To  the  Senate  and  House  of  Representatives : 

I  herewith  lay  before  you  the  Annual  Report  of  the  Adjutant 
General.  One  thousand,  the  usual  number  of  copies,  have 
been  printed  under  the  Resolve  of  March  23,  1836,  and  are 
in  the  Acljutimt  Generars  odice  subject  to  your  order. 

I  also  lay  before  you  the  Aiuiual  Report  of  tiie  Land  Agent, 
which  has  not  been  printed  because  not  n»ade  early  enough  for 
that  purpose. 

JOHN  FAIRFIELD. 

CoUNCrL  CHAMCER, 

January  G,  1841. 


■  1 


ADDRESS  OF  GOVERNOR  KENT, 


T  0 


BOTH  BRANCHES  OF  THE  LEGISLATURE. 


Gentlemen  of  the  Senate 

and  Ilouic  of  Reprcscniativcs : 
In  entering  upon  the  discharge  of  the  duties  of  the  respective 
oflices,  to  which  we  liuve  hocn  called,  under  the  provisions  of 
the  Constitution,  il  becomes  us  all  to  reflect,  seriously  and 
deeply,  upon  the  extent  and  limitation  of  the  powers  conferred, 
;md  the  just  expectations  of  the  people;  and  to  form  the  fixed 
determination  lo  act  with  a  singh;  eye  to  (he  general  good,  and 
with  the  sole  desire  to  advance  the  best  interests  of  our  con- 
stituents and  our  State.  'J'he  administration  of  the  powers  of 
government  is  a  great  and  serious  trust,  not  llghlly  to  bo  under- 
taken, or  indiOerenlly  performed  ;  but  calling,  at  all  times,  for 
the  watchful  care  and  faithful  exertions  of  all  those  to  whom  it 
is  committed.  Those  views  of  the  true  end  of  government, 
which  would  confine  the  object  and  operation  of  our  ins'itu- 
tions  to  the  mere  pmposes  of  defence  against  ibreign  or  doniestic 
violence  or  wrong,  and  the  collection  of  revenue  to  meet  the 
fiscal  wants  of  an  administration,  have  not  comm'-iuled  them- 
selves to  the  sober  judgment  of  the  American  peojile.  The 
framers  of  our  ConsiiiiiMons  had  higlier  objects.  Tliey  re- 
garded it  among  the  first  duties  of  govj^rnmenl,  to  fusier  and 
protect  all  the  great  interests  of  the  country  ;  to  see  that  the 
Republic  sufitMS  no  detriment  by  the  neglect  of  its  oflicers ; 
that  the  laws  are  framed  with  special  reference  to  (he  wants, 
employments  and  leccssities  of  the  peoi)le  ;  and  to  aid  (as 
far  as  the  powers  dc'egatcd  will  justify,)  the  enterprise,  industry, 
and  interests  of  the  couinnmity.     Such  views  of  government 


m 

w 


^m 


J-. 
-*^ 

1# 


■M 


!£! 

m 

t 

■^ 

V 

r 

# 

1 

w 

I 

■V 


GOVERNOR'S  ADDRESS. 

that,  in  most  instances,  the  directors  of  tiiose  institutions  havu 
maintained  the  credit  of  their  banks,  and  the  public  confidence 
in  their  solvency  and  correct  management.  But  if  there  are 
any  instances  where  it  shall  be  manifest  that  sound  and  correct 
banking  principles  have  been  departed  from,  or  the  institutions 
made  subservient  to  other  purposes  than  those  contemplated  by 
the  law  creating  them,  and  there  is  evidence  lo  convince  you 
that  there  is  real  danger  of  final  loss  and  fraud  upon  the  com- 
munity, I  am  sure  you  will  need  no  urging  from  me,  lo  induce 
you  to  take  prompt,  decided  and  efficient  measures  to  prevent 
the  evils  threatened  or  endured. 

I  regret  that  it  is  not  in  my  power  to  congratulate  you  and 
the  State  upon  the  final  settlement  of  the  long  vexed  cpiestion, 
relating  to  our  Norih-Eastcrn  Boundary.  On  a  former  occa- 
sion ]  expressed  my  views  fiilly  upon  the  justice  of  our  claim, 
and  the  obligations  of  the  federal  government  to  aflbrd  us  aid 
and  protection  in  enforcing  it.  I  have  seen  no  reason  to  alter 
the  views  then  expressed.  Our  claim  to  the  whole  territory  is 
perfect  and  unanswerable,  and  no  sophistry  or  evasion  can 
avoid  or  annul  it.  But  it  is  needless  to  waste  words  upon  this 
point,  as  it  is  universally  conceded  by  every  American,  that 
the  treaty  of  1783,  fairly  interpreted  and  honestly  executed, 
would  sustain  all  our  claim.  This  unanimity  of  sentiment  is 
well  calculated  to  inspire  us  with  confidence,  that  although  di- 
plomacy may  interpose  its  delays,  there  is  an  abiding  conviction 
pervading  our  whole  country,  which  may  be  relied  upon  for 
final  support  in  the  assertion  of  our  just  rights.  It  was  indeed 
confidently  believed  thai,  after  the  solemn  expression  of  Con- 
gress in  1838,  and  the  events  which  occurred  on  the  frontier 
in  1S39,  the  English  government  would  be  satisfied  that  delay 
in  the  settlement  of  this  question  was  dangerous  to  the  peace 
of  the  two  countries.  The  promptness  and  energy  with  which 
the  government  and  the  people  of  Maine,  with  one  heart  and 
voice,  met  the  threat  lo  expel  us  from  the  Aroostook ;  the 
ready  obedience  with  which  our  chosen  soldiery  responded  to 
the  call  of  their  commander,  and  the  unshaken  zeal  with  which 
they  marched  from  their  comfortable  homes  iu  the  depth  of 
48 


^3 


0 


s-,'i 


I  I 


I 


II 


QQQ  GOVERNOR'S  ADDRESS. 

winter  into  tlie  interior  forests,  and  the  firm  determinnlion 
which  was  manifeited  by  every  man  to  sustain  the  assertion  of 
our  r'ghts,  must  have  satisfied  ail,  that  aiiliougli  Maine,  for  tlie 
sakj  '^f  the  peace  and  (luiot  of  the  country,  and  in  lier  anxious 
de-;ire  to  avoid  collision  wiUi  a  foreign  power,  might  forbear  to 
enforce  her  extreme  rights  pending  negotiations,  there  was  yet 
&  point  beyond  whicii  she  would  not  submit  to  encroachments, 
and  there  was  a  spirit  in  her  people  which  would  not  shrink 
before  threats  of  miliiaiy  expulsion.  And  whatever  arrange- 
ments have  been  assented  to,  in  regard  to  tlie  jurisdiction  of 
difierent  portions  of  the  territory,  pcndinc;  negoiiaiions,  niust 
be  regarded  merely  as  temporary  in  their  nature,  and  under  a 
protest  always  that  we  relinquish  no  claim  and  no  right  to  the 
absolute  and  undisputed  ownership  and  jurisdiction  of  every 
inch  of  our  Sta.e.  ISIa'ne  lias  certainly  deserved  the  sympathy 
and  support  of  her  sister  States,  by  hei'  long  coniinued  forbear- 
ance and  patience,  under  circumstances  so  well  calculated  to 
awaken  indignation  and  incite  to  liosliliiios.  A  mere  request 
for  a  grant  has  ripened  into  an  absolute  claim,  and  year  afier 
year,  our  Slate  lias  witnessed  lier  hopes  blasicd  and  licr  reas- 
onable ex|)ectations  unfullllU'd,  and  this  question  of  vital  impor- 
tance, tmdetermined  and  unadjusted.  The  arrangement  assented 
to  on  the  part  of  Maine  in  iSoO,  by  which,  on  condition  that 
Maine  should  remain  in  undisturbed  possession  of  part  of  iho 
territory,  it  was  stipulated  that  wo  should  not  "attempt  to  dis- 
turb by  arms  the  Province  of  New  Brunswick  in  the  possession 
of  the  Madawaska  seitlemep\s,"  was  acquiesced  in  by  tha 
people  only  on  the  ground  and  the  belief,  that  immediate  and 
determined  eflbrts  were  to  be,  in  good  faith,  adopted  by  boili 
General  Governments,  to  bring  the  matter  to  a  speedy,  just 
and  final  determination.  Indulging  such  hopes,  Maine  l)a3 
certainly  yielded  much  in  the  matter  of  temporary  arrangements 
influenced  by  the  wish  to  preserve  the  peace  of  the  country 
and  to  remove  all  obstacles  to  the  progress  of  negotiation. 
Bui  she  has  a  right  to  ask,  when  she  yields  so  much,  that  her 
•  'o; ives  should  be  aijprociated  and  her  cause  become  the  cause 
<  f  the  whole  country  and  pressed  with  vigor  and  energy  to  a 


I 

3 


4 


V 


It 


GOVERNOR'S  ADDRESS. 


667 


W 
% 

■snv 

i 


i 


■1 


final  settlement.  In  ihe  mean  time  it  is  our  duty  to  keep  our 
eyes  and  our  tliouglils  upon  the  starting  point  of  the  treaty — 
ihe  norlli-west  angle  of  Nova  Scotia,  and  the  highlands  from 
thence,  so  plainly  specified  in  the  treaty  ;  and  not  suffer  our- 
selves to  be  drawn  away  into  aiscussions,  whether  the  nionnment 
St  the  source  of  the  St.  Croix,  wliicii  was  located  by  both 
GovRrnments  more  than  forty  years  since  and  fully  established, 
is  at  the  true  point,  or  whether  it  is  not  possible  that  antediluvian 
mountains  existed,  which,  by  some  geological  process  have 
become  "abraded"  siad  worn  down,  and  have  now  become  the 
beds  of  large  rivers.  The  face  of  the  earth,  as  it  e:iisted  in 
the  year  of  oisr  Lord  cne  thousand  seven  hundred  and  eighty- 
three,  is  to  determine  the  location  of  the  highlands  of  the 
treaty,  and  the  mere  speculations  of  self-styled  geologists  con- 
cerning imaginary  or  liieoietical  highlands,  which  probably  never 
bad  existence  except  in  the  fancies  of  speculative  theorists, 
cannot  faiily  and  legitimately  have  the  slightest  influence  upon 
the  ponding  question,  more  psjiecially  when,  if  it  could  bo 
deinonstcaiod  'liat  ilso  assumed  line  now  exists,  it  woultl  not 
answer  any  cf  the  requirements  of  the  iroaty.  To  mystify 
what  is  plain,  and  draw  attention  from  the  main  subject  to  col- 
lateral issues,  is  sometimes  a  diplomatic  mode  of  procrastinating 
a  final  decision,  and  of  making  up  a  plausible  case  from  the 
mere  duration  of  the  controversy. 

The  statement  of  the  progress  and  present  state  of  the  nego- 
tiations between  the  two  governments,  communicated  by  the 
Prcsiilent  of  the  Uniic-d  tStalcs  in  his  late  annual  message, 
would  lead  us  to  inrjultce  the  hope  of  "a  prompt  and  satisfactory 
termination  of  the  negotiation,"  and  a  "certain  and  final  ad- 
nistivent  of  the  limits  in  dispute."  The  delav'^  and  obstacles 
which  have  heieiororf  been  interposed,  and  which  hnve  a|ipcared 
to  us  unreasonable  and  unnecessary,  canon;  but  still  influehce 
our  feelings  and  load  us  to  moderate  our  liopcs  by  our  expcii" 
cnce.  Jf,  however,  the  President  has  cause  to  say  that  iherg 
is  an  undoubted  disposition  of  both  parties,  to  bring  the  matter 
to  an  early  conclusion,  we  may,  without  the  char^  •  of  being 
too  sanguine  in  our  anticipations,  confideiiily    trust  that  a  fair, 


1  : 


1 1 


:f 


ill, 


^gg[  GOVERNOR'S  ADDRESS. 

equal,  and  iionorable  proposition  for  n  commission,  with  final 
powers  to  end  the  dispute,  will  be  reafiily  and  fully  assented  to 
by  the  English  government,  unless  there  is  a  fixed  determina- 
tion on  its  j)art  to  bring  the  matter  to  the  last  resort  of  nations. 
The  time  cannot  be  far  distant,  when  tht;  question  must  assume 
a  more  definite  shape,  either  peaceab!-;  or  warlike;  and  much 
as  we  may  deprecate  the  awful  evils  aid  miseries  of  war,  we 
ought  to  be  prepared  to  meet  tlid  issue,  if  such,  after  all,  is  t!ia 
delerniinalion  of  our  opponents,  with  ihu  firmness  of  men,  who 
feel  that  vhey  have  ihe  right,  and  who  will  not  yield  fn  threats 
or  force  the  inheritance  of  our  fathers  and  \ho  righttul  ii'rritory 
of  our  iSi:  to.  The  unanimity  which  hns  characterized  our 
State  on  this  question,  in  the  midst  of  all  our  political  c^^cite- 
ment?,  is  u  .-.ire  guaranty  that  tlu  people  are  ready  to  sustain 
their  iuji. ■  j  ii)  all  judicioi;-;,  temjjfM-ate,  yet  firm  and  decided 
measures  ;  and  that  it  '•  leg.'icled  by  thorn  as  too  sacred  and 
too  solemn  a  subject  to  be  u:; ,.  i  liio  irisirument  of  any  mere 
parly  schemes  ov  tnovimcPi? 

Lei  us,  in  the  spirit  of  I  -f'j  p.'»trio:ism,  continue  to  regard 
the  coniroversy  .»>  one  eminently  national  in  its  character,  in- 
volving both  our  iamicdiate  interests  as  a  Stale,  and  our  duty 
to  the  whole  fnion,  placed,  as  ve  are,  in  (he  fjontline  of  lbs 
disputed  ground.  Cherishing  such  sentiments,  Maine,  in  this, 
];';r  great  quesiion,  viU  stand  on  )iigh  and  honorable  ground, 
and  command  the  respect  and  aitention  to  whiidi  she  is  entitled, 
and  iocme  the  aid  and  protection  guarantied  by  the  Constitu- 
tion. 

The  sui  .'cy  and  scientific  examination  of  the  line,  claimed 
by  us,  which  was  commenced  by  tho  State,  ni  1838,  but  wi'ch 
bos  since  been  suspended,  has,  at  last,  been  undertaken  by  the 
Geaoral  Govcrnmeni  ;  and  IVom  the  high  character  of  the  gen- 
tlemen engaged,  we  are  fully  justified  in  indulging  the  confident 
Vielief,  tha:  we  shall  soon  have  the  evidence  of  competent  wit-^ 
nesses,  bn^ed  upon  actual  examination,  and  embodied  in  a 
formal  report,  to  tho  existence  of  those  facts  which  a  knowl- 
edge 0**  the  laws  of  nature  and  the  physical  necessities  of  the 
case  ha"i  long  since  satisfied  every  reasoning  man  must  exist 


it 


1 


t  '!> 


GOVERNOR'S  ADDRESS. 

upon  the  face  of  the  eorth.  It  is,  in  my  apprehension,  a  source 
of  regret,  that  this  examination  has  been  so  long  delayed, 
especially  since  the  singular  positions  and  remarkable  assertions 
and  assumptions,  in  tlie  report  of  Messrs.  Featherstonhaugh 
and  Aiudge,  to  the  British  Government.  That  report  ought 
not  10  liave  had  two  years  priority  of  public  attention  over  a 
couou .    ^  :amination  and  report  on  our  part. 

Tin-  I  orrespundence  which  has  recently  been  communicated 
to  you,  by  my  predecessor,  discloses  another  movement  on  the 
part  of  iho  British  authorities,  weU  calculated  to  arrest  atten- 
tion, and  call  forth  indignant  remonstrance  on  the  part  of  Maine 
!tnu  the  Cnion.  If  1  am  correctly  informed,  in  a  very  short 
ni:i9  after  the  conclusion  of  the  agreement,  by  which  it  was  in 
effect  stipulated  that  the  British  autliorilies  sliould  not  attempt 
to  take  military  possession  of  what  is  termed  by  them  "the 
disputed  territory,"  during  the  existence  of  that  arrangement, 
a  detachment  of  Her  Miijesty's  troops  was  stationed  at  Temis- 
couaia  laii-c,  within  that  territory,  and  has  been  continued  there 
ever  since.  And  we  are  now  informed  that  another  detach- 
ment has  been  moved  to,  and  stationed  at,  the  Madawaska 
settlement,  for  the  purpose  of  sustaining  the  jurisdiction  and 
supporting  the  exercise  of  authority,  on  the  part  of  the  British 
magistrates.  Tliis  movement  has  been  made  by  the  Governor 
General  of  the  British  Provinces,  without  any  prior  notification 
or  correspondence,  seeking  information  or  explanation  from  the 
authorities  of  this  State  or  the  Tnited  States ;  and  assuming, 
as  the  ground  of  action,  the  report  of  acts  and  threats  of  indi- 
viduals, without  inquiring  uiiether  those  assumed  facts,  if  in 
any  part  true,  were  in  pursuance  of  orders,  or  justified  by  the 
government  of  Maine.  1  cannot  but  view  this  proceeding,  as 
my  predecessor  d  ,e-,  in  his  reply  to  Sir  .Tohn  Harvey,  as  "a 
direct  and  palpable  infringement  of  the  sibsisting  arrangements," 
•jri  i  as  taking  military  possession  of  that  portion  of  the  contested 
territory.  And  if  the  suggestion  of  Lieutenant  Governor 
Harvey,  who  seems  not  to  have  been  consulted  in  relation  to 
ihii,  new  act  of  jurisdiction,  and  who  (evidently  regard.*  it  with 
regret,  if  not  as  an  i.ifr"  •  ,,•  -v.e.i.,  of  sui\,!sting  arraugenienls,  is 


669 


u 

j 

i 


^^1 


670  GOVERNOR»S  ADDRESS. 

disregarded,  and  the  British  iroops  are  permanently  located  at 
Wadawaska,  I  shall  feel  it  my  duty  to  reiterate  tiie  request 
already  made  to  the  General  Government,  and  to  urge  upon 
that  Government  the  justice  and  expediency  of  taking  military 
possession,  on  the  part  of  the  United  States,  of  the  territory 
jn  dispute.  The  General  Government  owes  it  to  Maine,  to 
move  forward  in  this  matter,  with  promptness  and  energy,  with 
a  sincere  and  even  anxious  desire  to  preserve  peace,  but  with 
an  equally  firm  determination  to  maintain  subsisting  engagements 
on  our  part,  and  to  insist  upon  a  full  performance  from  th« 
other  parly.  But  I  will  not  permit  myself  to  doubt,  that  pru- 
dent and  wise  roiincils  will  prevail,  and  that  the  promised  ter- 
niinaiion  of  pending  negtJtiaiions  will  not  be  retarded  or  pre- 
vented, by  hasty  and  unjusiifiable  movements,  in  relation  to 
miliiary  occupation,  during  the  progress  of  the  surveys  and 
negotiations,  intended  for  a  final  determination  of  the  long 
vexed  question. 

I  would  again  call  attention  to  our  defenceless  &cnl.-;ard  and 
frontier.  I  need  not  enlarge  upon  the  fpic,  for  the  naked 
facts  are  the  strongest  arguments  on  the  subject.  As  guardians 
of  Maine,  it  is  your  right  and  duty  to  set  forth  our  situati.jn  and 
our  claims  upon  the  Government,  that  alone  has  the  power  (o 
})Iace  us  in  a  ])roi)er  state  of  defence  against  foreign  enemies, 
and  I  have  no  doubt  you  will  discharge  your  duiy. 

The  state  and  condition  of  the  treasury  a[)peurs  in  the  re- 
port of  the  Treasurer,  which  has  been  laid  before  you.  By 
this  document  ii  appears  that  the  wiiole  debt  of  ilie  State, 
exclusive  of  about  eioveu  thousand  dollars  of  iumiediatc  claims 
uj)on  the  treasury,  is  one  million  six  hundred  and  seventy- 
eight  thousand  three  hundred  and  sixty-seven  dollars  and  foriy- 
four  conis ;  and  the  ainiual  interest  is  one  hundred  and  two 
thousand  and  sixty-one  dollars.  The  funded  debt  of  the  Slate 
is  payable  in  three,  live,  eight,  twelve,  fifteen  and  twenty 
years.  J  concur  in  the  suggestion  of  the  Treasurer,  that  it  is 
important  that  immediate  measures  should  be  taken  to  cr  to  a 
sinking  fund,  for  the  payment  of  the  debt  as  it  may  bdome 
due.     The  claim  of  the  State  on  the  United  States,  for  recent 


\ 


I 


e; 
til 


GOVERNOR'S  ADDRESS. 


671 


expenses  in  the    Aroostook  territory,   is  based  upon  expendi- 
tures wliicli  v.ere  made  from  the  money  borrowed,  and  justice 
to  our  successors  seems   to   require,   iliat  llie  amount,  when 
received,  should  be  at  once  appropriated  to  meet  that  debt,  and 
not   bo  expended    in  defrayiiifi;   llje   current  expenses   of  gov- 
ernment.     The  sufft^esiion,  also,   that  a  portion  of  the  an.iual 
Stale  tax  may  be   tlujs  appropriated,    derives   additional  force 
from  the  consiiieration,  llint  the  present  small  amount  of  imme- 
diate liiibiiities,  and  the  large   amount   of  cash  oi^  hand  and  im- 
mediately receivable,  is   owing  in  part  at  least,  lo  the  fact,  that 
a  considerable  portion  of  the  ordinary  expenses  of  the  last  year 
and  interest  on  the  public  debt,  have  been  paid  out  of  the  money 
received  from  the  loans  obtained.      This    course  was  undoubt- 
edly jiidicious,  as  it  ))liicos    the  treasury  in   a  slate  to  meet  all 
demands  prompily.     The  other  claim  of  this  State,  in  conjunc- 
tion  with   M.issachusctts,   on    the    General    Government — the 
proceeds  of  the  sale  of  public  lands,  and  ihe  collections  of  the 
Land  Oflice,  or   a  part   of  the   same,    and    perhaps    the  •  bank 
stock  owned  by  the  State,    are   other   sourccs  which  yon  may 
see  fit  to  apply  to  this  purpose.     We  may  now  perhaps  indulge 
the  hope,  that  the  rights  of  the  several  Stales  of  this  Union,  in 
the  lands   which   arc   held   by  the   United    Slates,   in  trust  for 
them,  will  soon  be  recognized   and   allowed,   and  the  proceeds 
of  the  sale  be  distributed,   after  liberal   allowances  to  the  n  -.v 
States,  among  the  several  States.     If  this  act  of  tardy  justica 
is  performed,  the  share  of  JNIainc  will  aid   us   much  in  meeting 
our  heavy  responsibilities.     But  strict  and  unflinching  economy 
in  llie  expenditures  is  demanded   at  all   limes,  and  more  crpe- 
cially  at  the  present,  when  taxes   bear  so  heavily  upon  us,  and 
the  people  are  straitened  in  their  means  to  meet  them.     I  trust 
I  shall  not  be  deemed  as  interfering  with  your  proper  duties,  if 
I  call  your  attention  to  the  heavy  item  of  expense  incurred  by 
the  payment  of  the   travel   and  attendance  of  the  members  of 
the  two   Houses  of  the    Legislature.     I  am   aware  that  many 
subjects  of  great  importance  are  before  you,  which  will  require 
careful  and  deliberate  examination,  but  as  ihort  a  session  as  is 
consistent  with  a  full  performance  of  public   duty,  I  am  confi- 


II 


672  GOVERNOR'S  ADDRESS. 

dent  would  gratify  the  people,  and  will  certainly  be  favorably 
felt  in  the  sum  total  of  our  yearly  expenses. 

A  vacancy  will  occur  on  the  fourth  of  March  next,  in  the 
represent' tir.  of  ihis  State  in  the  Senate  of  the  United  Slates, 
which  il  will  t'.;  ^  <ur  duty  to  fill  by  election. 

Thii  dcsiinies  of  a  noble  State  are  temporarily  entrusted  to 
us.  The  time  is  propitious  for  a  calm,  deliberate,  and  liberal 
administration  of  aflairs.  After  the  heat  and  excitement  of  a 
long  and  vigorously  contested  election,  the  people  seek  repose, 
and  are  disposed  to  extend  t'  ..^,:j  in  p^wer,  a  candid  examin- 
ation and  impartial  judgment.  Relying  upon  that  good  Provi- 
dence, which  has  ever  been  over  us  as  a  people,  niny  we  perform 
cur  public  duties  with  the  fearlessness  of  conscious  rectitude 
and  the  fir.nness  of  unwavering  principle. 

KDWARD  KENT. 

Council  Chamber,  ) 
January  15,  1841.    j 


C:  ( 
i     * 


\m 


( 


